577.016.  Operating an aircraft with excessive blood alcohol content — penalties. — 1.  A person commits the offense of operating an aircraft with excessive blood alcohol content if he or she knowingly operates any aircraft or knowingly acts as a copilot, flight engineer or flight navigator for an aircraft while in operation:

  (1)  With four one-hundredths of one percent or more by weight of alcohol in his or her blood; or

  (2)  Within eight hours after the consumption of any alcoholic beverage.

  2.  As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva or urine.  For the purposes of determining the alcoholic content of a person's blood under this section, the test shall be conducted in accordance with the provisions of sections 577.020 to 577.041.

  3.  The offense of operating an aircraft with excessive blood alcohol content is:

  (1)  A class C misdemeanor;

  (2)  A class A misdemeanor if the defendant has been found guilty of operating an aircraft with excessive blood alcohol content or operating an aircraft while intoxicated or any offense committed in any jurisdiction which, if committed in this state, would be the offense of operating an aircraft with excessive blood alcohol content or operating an aircraft while intoxicated.