N.C.P.I.—Crim. 270A.15

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

two things beyond a reasonable doubt:

First, that the defendant operated an aircraft.2 A person operates an

aircraft when he/she uses it for the purpose of air navigation,3 whether as

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

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

the defendant

[A. Was under the influence of an impairing substance.4 A person is

under the influence of an impairing substance (within the meaning

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

a sufficient quantity of that impairing substance to cause him/her

to lose the normal control of his/her bodily or mental faculties, or

both, to such an extent that there is an appreciable impairment5

of either or both of these faculties.6]

(or)

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

operation of the aircraft the defendant had an alcohol

concentration7 of 0.04 or more grams of alcohol [per 210 liters of

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

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

body alcohol consumed before or during the operation of the

aircraft].8

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, it would be your duty to return a verdict

of guilty. If you do not so find, or have a reasonable doubt about one or more

of these things, it would be your duty to return a verdict of not guilty.