(1) Any person who pilots or is in actual physical control of an aircraft in this state shall be deemed to have given his consent to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances as defined in section 21-112A, Idaho Code, provided that such test is administered at the request of a police officer having reasonable grounds to believe that person has been piloting or has been in actual physical control of an aircraft while under the influence of alcohol, drugs or of any other intoxicating substances.
(2)  Such person shall not have the right to consult with an attorney before submitting to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances.
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Terms Used In Idaho Code 21-112B

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Aircraft: means any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air for the carriage of pilots or passengers. See Idaho Code 21-101
  • Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. See Idaho Code 21-101
  • this state: means the state of Idaho. See Idaho Code 21-101
(3)  At the time an evidentiary test for concentration of alcohol, drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to take the test:
(a)  That an affidavit of such fact will be filed with the administrator of the federal aviation agency;
(b)  That such refusal could result in the suspension or revocation of the person’s certificate or rating, or denial of application for a certificate or rating, under federal aviation regulations; and
(c)  That after submitting to the test he may, when practicable, at his own expense, have additional tests made by a person of his own choosing.