Can you log time if you are drunk?

[MarleyW]

I am just interested from a purely legal perspective, I don't even really drink. But I was wondering if you could drink alcohol, maybe not even be drunk, but just over the .04 limit or within 8 hours of flying. Then go flying with a CFI. Can you log that time as dual time? What about PIC? I would think you could log the dual but not the PIC.

(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.

 

[Jim Logajan]

I am just interested from a purely legal perspective, I don't even really drink. But I was wondering if you could drink alcohol, maybe not even be drunk, but just over the .04 limit or within 8 hours of flying. Then go flying with a CFI. Can you log that time as dual time? What about PIC? I would think you could log the dual but not the PIC.

Was the alcohol provided as compensation for the flight?