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 theinfluence -- Weight of evidence.
(1) (a) In any civil or criminal action or proceeding in which it is material to prove that aperson was operating or in actual physical control of an aircraft while under the influence ofalcohol, drugs, or with a blood or breath alcohol content statutorily prohibited, the results of achemical 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 renderthe results of the chemical test inadmissible.
(ii) Evidence of a defendant's blood or breath alcohol content or drug content isadmissible except when prohibited by Rules of Evidence or the constitution.
(2) This section does not prevent a court from receiving otherwise admissible evidence asto a defendant's blood or breath alcohol level or drug level at the time relevant to the allegedoffense.
Amended by Chapter 106, 2002 General Session