[Code of Federal Regulations]
[Title 14, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR91.17]

[Page 180-181]
 
                     TITLE 14--AERONAUTICSAND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION 
                               (CONTINUED)
 
PART 91--GENERAL OPERATING AND FLIGHT RULES--Table of Contents
 
                           Subpart A--General
 
Sec. 91.17  Alcohol or drugs.

    (a) No person may act or attempt to act as a crewmember of a civil 
aircraft--
    (1) Within 8 hours after the consumption of any alcoholic beverage;
    (2) While under the influence of alcohol;
    (3) While using any drug that affects the person's faculties in any 
way contrary to safety; or
    (4) While having .04 percent by weight or more alcohol in the blood.
    (b) Except in an emergency, no pilot of a civil aircraft may allow a 
person who appears to be intoxicated or who demonstrates by manner or 
physical indications that the individual is under the influence of drugs 
(except a medical patient under proper care) to be carried in that 
aircraft.

[[Page 181]]

    (c) A crewmember shall do the following:
    (1) On request of a law enforcement officer, submit to a test to 
indicate the percentage by weight of alcohol in the blood, when--
    (i) The law enforcement officer is authorized under State or local 
law to conduct the test or to have the test conducted; and
    (ii) The law enforcement officer is requesting submission to the 
test to investigate a suspected violation of State or local law 
governing the same or substantially similar conduct prohibited by 
paragraph (a)(1), (a)(2), or (a)(4) of this section.
    (2) Whenever the Administrator has a reasonable basis to believe 
that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of 
this section, that person shall, upon request by the Administrator, 
furnish the Administrator, or authorize any clinic, hospital, doctor, or 
other person to release to the Administrator, the results of each test 
taken within 4 hours after acting or attempting to act as a crewmember 
that indicates percentage by weight of alcohol in the blood.
    (d) Whenever the Administrator has a reasonable basis to believe 
that a person may have violated paragraph (a)(3) of this section, that 
person shall, upon request by the Administrator, furnish the 
Administrator, or authorize any clinic, hospital, doctor, or other 
person to release to the Administrator, the results of each test taken 
within 4 hours after acting or attempting to act as a crewmember that 
indicates the presence of any drugs in the body.
    (e) Any test information obtained by the Administrator under 
paragraph (c) or (d) of this section may be evaluated in determining a 
person's qualifications for any airman certificate or possible 
violations of this chapter and may be used as evidence in any legal 
proceeding under section 602, 609, or 901 of the Federal Aviation Act of 
1958.