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.
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.
(1) (a) A person operating an aircraft in this state consents to a chemical test or tests ofthe person's breath, blood, urine, or oral fluids:
(i) for the purpose of determining whether the person was operating or in actual physicalcontrol of an aircraft while having a blood or breath alcohol content statutorily prohibited underSection 72-10-501, or while under the influence of alcohol, any drug, or combination of alcoholand any drug under Section 72-10-501, if the test is or tests are administered at the direction of apeace officer having grounds to believe that person to have been operating or in actual physicalcontrol 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 ofthem are administered.
(ii) The peace officer may order any or all tests of the person's breath, blood, urine, ororal fluids.
(iii) If an officer requests more than one test, refusal by a person to take one or morerequested tests, even though the person does submit to any other requested test or tests, is arefusal under this section.
(c) (i) A person who has been requested under this section to submit to a chemical test ortests of the person's breath, blood, urine, or oral fluids may not select the test or tests to beadministered.
(ii) The failure or inability of a peace officer to arrange for any specific chemical test isnot 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 requestedtest or tests.
(2) (a) If the person has been placed under arrest and has then been requested by a peaceofficer to submit to any one or more of the chemical tests provided in Subsection (1) and refusesto submit to any chemical test, the person shall be warned by the peace officer requesting the testthat a refusal to submit to the test is admissible in civil or criminal proceedings as provided underSubsection (8).
(b) Following this warning, unless the person immediately requests that the chemical testoffered by a peace officer be administered, a test may not be given.
(3) Any person who is dead, unconscious, or in any other condition rendering the personincapable of refusal to submit to any chemical test or tests is considered to not have withdrawnthe consent provided for in Subsection (1), and the test or tests may be administered whether theperson has been arrested or not.
(4) Upon the request of the person who was tested, the results of the test or tests shall bemade available to that person.
(5) (a) Only a physician, registered nurse, practical nurse, or person authorized under Section 26-1-30 to draw blood under Section 41-6a-523, acting at the request of a peace officer,may withdraw blood to determine the alcohol or drug content. This limitation does not apply tothe taking of a urine, breath, or oral fluid specimen.
(b) Any physician, registered nurse, practical nurse, or person authorized under Section
26-1-30 to draw blood under Section 41-6a-523 who, at the direction of a peace officer, draws asample of blood from any person whom a peace officer has reason to believe is flying in violationof this chapter, or hospital or medical facility at which the sample is drawn, is immune from anycivil or criminal liability arising from drawing the sample, if the test is administered according tostandard medical practice.
(6) (a) The person to be tested may, at the person's own expense, have a physician of theperson's own choice administer a chemical test in addition to the test or tests administered at thedirection of a peace officer.
(b) The failure or inability to obtain the additional test does not affect admissibility of theresults of the test or tests taken at the direction of a peace officer, or preclude or delay the test ortests 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 directionof a peace officer.
(7) For the purpose of determining whether to submit to a chemical test or tests, theperson 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 additionaltest under this section, evidence of any refusal is admissible in any civil or criminal action orproceeding arising out of acts alleged to have been committed while the person was operating orin actual physical control of an aircraft while under the influence of alcohol, any drug, orcombination of alcohol and any drug.
(9) The results of any test taken under this section or the refusal to be tested shall bereported to the Federal Aviation Administration by the peace officer requesting the test.
Amended by Chapter 2, 2005 General Session