Section 800-RICR-10-00-1.11 - Safety and SecurityA. Operating Under the Influence. 1. Crewmember Defined. A Crewmember shall be a person assigned to perform a duty in an Aircraft during flight time.2. It shall be unlawful for a Crewmember and/or any person to operate or attempt to operate an Aircraft on the ground, on the public waters, or in the air:3. Under the influence of intoxicating liquor or of any controlled drug which affects a person's ability to operate an Aircraft in a safe manner or while having 4/100 percent or more by weight alcohol in his or her blood; and4. As otherwise prohibited by the within regulations, state and/or federal law.5. Implied Consent. Any Crewmember and/or person who operates or attempts to operate an Aircraft on the ground, on the public waters, or in the air in this state shall, on request of a law enforcement officer, be deemed to have given consent to: a. physical tests and examinations for the purpose of determining whether the person is under the influence of intoxicating liquor or controlled drugs, and b. to a chemical, infrared molecular absorption or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purpose of determining the controlled drug content of the person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was operating, attempting to operate, or in actual physical control of an Aircraft while under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more. The test or tests shall be administrated at the direction of a law enforcement officer having reasonable grounds to believe the person to have been operating, attempting to operate, or in actual physical control of an Aircraft in this state while, under the influence of intoxicating liquor or controlled drugs or while having an alcohol concentration of 0.04 or more.6. Test Results. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested, within 48 hours of receipt of the report by the agency by certified mail, directed to the address shown on identification furnished by the person and to the Federal Aviation Administration. Results of a test of the breath shall be furnished immediately in writing to the person tested by the law enforcement officer conducting the test.7. Test Refusal. Reports of a refusal to submit to testing shall be provided to the Federal Aviation Administration.800 R.I. Code R. 800-RICR-10-00-1.11
Amended effective 12/10/2018