Section 6-2-5.1. Operation or physical control of aircraft while under the influence of alcohol or drugs; penalty

   (a) A person shall not operate or be in actual physical control of an aircraft in this state:

   (1) Within eight hours after the consumption of any alcoholic beverage;

   (2) While under the influence of alcohol;

   (3) While using any drug that affects such person's faculties in any way contrary to safety; or

   (4) While there is 0.04 percent or more by weight of alcohol in his blood.

(b) Any person arrested for violation of this Code section shall, at the request of a law enforcement officer of the state or any political subdivision, be administered a test as provided by and subject to the restrictions of subsection (a) of Code Section 40-6-392.

(c) A person who violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed $2,000.00.

Code 1981, § 6-2-5.1, enacted by Ga. L. 1989, p. 276, § 1.