Arizona § 28-8282 - Prohibited operation; under the influence; incapacitation
Full text of Arizona Arizona Revised Statutes § 28-8282 — Prohibited operation; under the influence; incapacitation, with citation guidance and answers to common questions.
§ 28-8282. Prohibited operation; under the influence; incapacitation
A. A person shall not operate or be in actual physical control of an aircraft if the person is either:
1. Under the influence of intoxicating liquor, narcotic or other drugs or marijuana.
2. By reason of mental or physical disability, incapable of operating an aircraft under the circumstances.
B. In a criminal prosecution for a violation of subsection A relating to operating an aircraft while under the influence of intoxicating liquor, it is presumed that the defendant was under the influence of intoxicating liquor if there was at the time 0.04 per cent or more by weight of alcohol in the defendant's blood, urine, breath or other bodily substance. This subsection does not limit the introduction of any other competent evidence bearing on the question of whether or not the defendant was under the influence of intoxicating liquor.
C. A person shall not operate or be in actual physical control of an aircraft either:
1. While there is 0.04 per cent or more by weight of alcohol in the person's blood.
2. Within eight hours after consuming intoxicating liquor, narcotic or habit forming drugs or marijuana.
D. An owner of an aircraft or a person in charge or control of an aircraft shall not knowingly permit the aircraft to be operated by a person in violation of subsection A or C.
E. Per cent by weight of alcohol in the blood is based on grams of alcohol per hundred cubic centimeters of blood.
Source: official Arizona text · Last verified 2026-08-27
Frequently Asked Questions About Arizona § 28-8282
What does Arizona Revised Statutes § 28-8282 cover?
Section 28-8282 ("Prohibited operation; under the influence; incapacitation") is part of the Arizona Revised Statutes, the codified statutory law of Arizona. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Arizona § 28-8282?
A common citation format is "Arizona Revised Statutes § 28-8282" (Arizona). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Arizona law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Arizona official source linked on this page or consult a licensed Arizona attorney.
How does Arizona § 28-8282 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Arizona can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Arizona.