Flying While Intoxicated

Utah Code tit. 72, ch. 72-10, pt. 72-10-P5

in effect

Utah Code § 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 warrant.

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 warrant. (1) (a) A person may not operate or be in actual physical control of an aircraft within this state if the person: (i) has sufficient alcohol in his body that a subsequent chemical test shows that the person 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 and any 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 of operation or actual physical control. (b) The fact that a person charged with violating this section is or has been legally entitled 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 made in 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 a proximate 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 to exercise that degree of care that an ordinarily reasonable and prudent person exercises under like or similar circumstances. (4) A peace officer may, without a warrant, arrest a person for a violation of this section when 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

Utah Code § 72-10-502 Implied consent to chemical tests for alcohol or drugs -- Number of tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may give test -- Evidence -- Immunity from liability.

72-10-502. Implied consent to chemical tests for alcohol or drugs -- Number of tests -- Refusal -- Person incapable of refusal -- Results of test available -- Who may give test -- Evidence -- Immunity from liability. (1) (a) A person operating an aircraft in this state consents to a chemical test or tests of the person's breath, blood, urine, or oral fluids: (i) for the purpose of determining whether the person was operating or in actual physical control of an aircraft while having a blood or breath alcohol content statutorily prohibited under Section 72-10-501, or while under the influence of alcohol, any drug, or combination of alcohol and any drug under Section 72-10-501, if the test is or tests are administered at the direction of a peace officer having grounds to believe that person to have been operating or in actual physical control of an aircraft in violation of Section 72-10-501; or (ii) if the person operating the aircraft is involved in an accident that results in death, serious injury, or substantial aircraft damage. (b) (i) The peace officer determines which of the tests are administered and how many of them are administered. (ii) The peace officer may order any or all tests of the person's breath, blood, urine, or oral fluids. (iii) If an officer requests more than one test, refusal by a person to take one or more requested tests, even though the person does submit to any other requested test or tests, is a refusal under this section. (c) (i) A person who has been requested under this section to submit to a chemical test or tests of the person's breath, blood, urine, or oral fluids may not select the test or tests to be administered. (ii) The failure or inability of a peace officer to arrange for any specific chemical test is not a defense to taking a test requested by a peace officer, and it is not a defense in any criminal, civil, or administrative proceeding resulting from a person's refusal to submit to the requested test or tests. (2) (a) If the person has been placed under arrest and has then been requested by a peace officer to submit to any one or more of the chemical tests provided in Subsection (1) and refuses to submit to any chemical test, the person shall be warned by the peace officer requesting the test that a refusal to submit to the test is admissible in civil or criminal proceedings as provided under Subsection (8). (b) Following this warning, unless the person immediately requests that the chemical test offered by a peace officer be administered, a test may not be given. (3) A person who is dead, unconscious, or in any other condition rendering the person incapable of refusal to submit to any chemical test or tests is considered to not have withdrawn the consent provided for in Subsection (1), and the test or tests may be administered whether the person has been arrested or not. (4) Upon the request of the person who was tested, the results of the test or tests shall be made available to that person. (5) (a) Only the following, acting at the request of a peace officer, may draw blood to determine its alcohol or drug content: (i) a physician; (ii) a registered nurse; (iii) a licensed practical nurse; (iv) a paramedic; (v) as provided in Subsection (5)(b), emergency medical service personnel other than paramedics; or (vi) a person with a valid permit issued by the Department of Public Safety under Section 53-2d-103. (b) The Department of Public Safety may designate by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which emergency medical service personnel, as defined in Section 53-2d-101, are authorized to draw blood under Subsection (5)(a)(v), based on the type of license under Section 53-2d-402. (c) Subsection (5)(a) does not apply to taking a urine, breath, or oral fluid specimen. (d) The following are immune from civil or criminal liability arising from drawing a blood sample from a person who a peace officer has reason to believe is flying in violation of this chapter if the sample is drawn in accordance with standard medical practice: (i) a person authorized to draw blood under Subsection (5)(a); and (ii) if the blood is drawn at a hospital or other medical facility, the medical facility. (6) (a) The person to be tested may, at the person's own expense, have a physician of the person's own choice administer a chemical test in addition to the test or tests administered at the direction of a peace officer. (b) The failure or inability to obtain the additional test does not affect admissibility of the results of the test or tests taken at the direction of a peace officer, or preclude or delay the test or tests to be taken at the direction of a peace officer. (c) The additional test shall be subsequent to the test or tests administered at the direction of a peace officer. (7) For the purpose of determining whether to submit to a chemical test or tests, the person to be tested does not have the right to consult an attorney or have an attorney, physician, or other person present as a condition for the taking of any test. (8) If a person under arrest refuses to submit to a chemical test or tests or any additional test under this section, evidence of any refusal is admissible in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person was operating or in actual physical control of an aircraft while under the influence of alcohol, any drug, or combination of alcohol and any drug. (9) The results of any test taken under this section or the refusal to be tested shall be reported to the Federal Aviation Administration by the peace officer requesting the test. (10) Notwithstanding the provisions of this section, a blood test taken under this section is subject to Section 77-23-213. Amended by Chapter 340, 2025 General Session

Utah Code § 72-10-503 Standards for chemical analysis of breath or oral fluids -- Evidence.

72-10-503. Standards for chemical analysis of breath or oral fluids -- Evidence. (1) The Commissioner of the Department of Public Safety shall establish standards for the administration and interpretation of chemical analysis of a person's breath or oral fluids, including standards of training. (2) In any action or proceeding in which it is material to prove that a person was operating or in actual physical control of an aircraft while under the influence of alcohol or any drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered as memoranda or records of acts, conditions, or events to prove that the analysis was made and the instrument used was accurate, according to standards established in Subsection (1), are admissible if: (a) the judge finds that they were made in the regular course of the investigation at or about the time of the act, condition, or event; and (b) the source of information from which made and the method and circumstances of their preparation indicate their trustworthiness. (3) If the judge finds that the standards established under Subsection (1) and the conditions of Subsection (2) have been met, there is a presumption that the test results are valid and further foundation for introduction of the evidence is unnecessary. Amended by Chapter 205, 2004 General Session

Utah Code § 72-10-504 Admissibility of chemical test results in actions for flying under the influence -- Weight of evidence.

72-10-504. Admissibility of chemical test results in actions for flying under the influence -- Weight of evidence. (1) (a) In any civil or criminal action or proceeding in which it is material to prove that a person was operating or in actual physical control of an aircraft while under the influence of alcohol, drugs, or with a blood or breath alcohol content statutorily prohibited, the results of a chemical test or tests as authorized in Section 72-10-502 are admissible as evidence. (b) (i) In a criminal proceeding, noncompliance with Section 72-10-502 does not render the results of the chemical test inadmissible. (ii) Evidence of a defendant's blood or breath alcohol content or drug content is admissible except when prohibited by Rules of Evidence or the constitution. (2) This section does not prevent a court from receiving otherwise admissible evidence as to a defendant's blood or breath alcohol level or drug level at the time relevant to the alleged offense. Amended by Chapter 106, 2002 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title72/Chapter10/72-10-P5.html?v=C72-10-P5_1800010118000101Fetched: 10/26/2026