N.C.P.I.—Crim. 270A.10

For you to find the defendant guilty of this offense, the State must prove

three things beyond a reasonable doubt:

First, that the defendant operated an aircraft.1 A person operates an

aircraft when he uses it for the purpose of air navigation, whether as pilot or

navigator, and whether on the ground or in the air or on water.2

Second, that at the time the defendant was operating the aircraft, the

defendant

[A. Was under the influence of an impairing substance.3 A person is

under the influence of an impairing substance (within the meaning

and intent of the statute), when he has taken (or consumed) a

sufficient quantity of that impairing substance to cause him to lose

the normal control of his bodily or mental faculties, or both, to

such an extent that there is an appreciable impairment4 of either

or both of these faculties.5] (or)

[B. Had consumed sufficient alcohol that at any relevant time after the

operation of the aircraft the defendant had an alcohol

concentration6 of 0.04 or more grams of alcohol [per 210 liters of

breath] [per 100 milliliters of blood]. A relevant time is any time

after operating the aircraft in which the operator still has in his

body alcohol consumed before or during the operation of the

aircraft.7]

And Third, that while the defendant was so operating the aircraft, the

defendant did serious bodily injury8 to another person.

If you find from the evidence beyond a reasonable doubt that on or

about the alleged date the defendant operated an aircraft while under the

influence of an impairing substance, and that while the defendant was so

operating the aircraft, he did serious bodily injury to another person, it would

be your duty to return a verdict guilty. If you do not so find or have a

reasonable doubt as to one or more of these things, it would be your duty to

return a verdict of not guilty.