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
Current as of: 2024 | Check for updates
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(1)
For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
| class B misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Utah Code 72-10-501
- Aircraft: means any contrivance now known or in the future invented, used, or designed for navigation of or flight in the air. See Utah Code 72-10-102
- Arrest: Taking physical custody of a person by lawful authority.
- Person: means any individual, corporation, limited liability company, or association of individuals. See Utah Code 72-10-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) A person may not operate or be in actual physical control of an aircraft within this state if the person:
(1)(a)(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;
(1)(a)(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
(1)(a)(iii) has a blood or breath alcohol concentration of .04 grams or greater at the time of operation or actual physical control.
(1)(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)
(3)(a) A person convicted of a violation of Subsection (1) is guilty of a:
(3)(a)(i) class B misdemeanor; or
(3)(a)(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.
(3)(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:
(4)(a) the violation has occurred, although not in the officer’s presence; and
(4)(b) the violation was committed by that person.