UTAH CODE (Last Updated: January 16, 2015) |
Title 72. Transportation Code |
Chapter 10. Aeronautics Act |
Part 5. Flying While Intoxicated |
§ 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.
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(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