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UTAH STATUTES AND CODES
72-10-501 - Flying under the influence of alcohol, drugs, or with specified or unsafe blood alcohol concentration -- Calculations of blood or breath alcohol -- Criminal punishment -- Arrest without wa
72-10-501. Flying under the influence of alcohol, drugs, or with specified or unsafeblood alcohol concentration -- Calculations of blood or breath alcohol -- Criminalpunishment -- Arrest without warrant.
(1) (a) A person may not operate or be in actual physical control of an aircraft within thisstate if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that theperson has a blood or breath alcohol concentration of .04 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol andany drug to a degree that renders the person incapable of safely operating an aircraft; or
(iii) has a blood or breath alcohol concentration of .04 grams or greater at the time ofoperation or actual physical control.
(b) The fact that a person charged with violating this section is or has been legallyentitled to use alcohol or a drug is not a defense against any charge of violating this section.
(2) Calculations of blood or breath alcohol concentration under this section shall be madein accordance with Subsection 41-6a-502(1).
(3) (a) A person convicted of a violation of Subsection (1) is guilty of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person has also inflicted bodily injury upon another as aproximate result of having operated the aircraft in a negligent manner.
(b) In this section, the standard of negligence is that of simple negligence, the failure toexercise that degree of care that an ordinarily reasonable and prudent person exercises under likeor similar circumstances.
(4) A peace officer may, without a warrant, arrest a person for a violation of this sectionwhen the officer has probable cause to believe:
(a) the violation has occurred, although not in the officer's presence; and
(b) the violation was committed by that person.
(1) (a) A person may not operate or be in actual physical control of an aircraft within thisstate if the person:
(i) has sufficient alcohol in his body that a subsequent chemical test shows that theperson has a blood or breath alcohol concentration of .04 grams or greater at the time of the test;
(ii) is under the influence of alcohol, any drug, or the combined influence of alcohol andany drug to a degree that renders the person incapable of safely operating an aircraft; or
(iii) has a blood or breath alcohol concentration of .04 grams or greater at the time ofoperation or actual physical control.
(b) The fact that a person charged with violating this section is or has been legallyentitled to use alcohol or a drug is not a defense against any charge of violating this section.
(2) Calculations of blood or breath alcohol concentration under this section shall be madein accordance with Subsection 41-6a-502(1).
(3) (a) A person convicted of a violation of Subsection (1) is guilty of a:
(i) class B misdemeanor; or
(ii) class A misdemeanor if the person has also inflicted bodily injury upon another as aproximate result of having operated the aircraft in a negligent manner.
(b) In this section, the standard of negligence is that of simple negligence, the failure toexercise that degree of care that an ordinarily reasonable and prudent person exercises under likeor similar circumstances.
(4) A peace officer may, without a warrant, arrest a person for a violation of this sectionwhen the officer has probable cause to believe:
(a) the violation has occurred, although not in the officer's presence; and
(b) the violation was committed by that person.
Amended by Chapter 2, 2005 General Session
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