(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.
(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.