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Old 10-14-2019 | 08:13 AM
  #18  
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rickair7777
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From: Engines Turn or People Swim
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Originally Posted by GogglesPisano
To be clear, FAR 91.17 concerns acting as a "crewmember of a civil aircraft." Not a car. By extension you can refuse a roadside breathalyzer if the test is in regards to driving a car.

"(c) A crewmember shall do the following:

(1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, 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."

The paragraph being referred to is below...


"(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 an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath."

You are correct when it comes to states suspending your license, which opens up another can of worms, as you stated.
Wasn't really clear but I was talking about the aviation, not automotive, context with regards to a breathalyzer.

Medical is a separate issue.
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