Title 72 - Transportation Code - Chapter 10 - Aeronautics Act - Part 5 - Flying While Intoxicated - Section 504 - Admissibility of chemical test results in actions for flying under the influence -- Weight of evidence.

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Utah Code

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72-10-504 Admissibility of chemical test results in actions for flying under the influence -- Weight of evidence. (1)

(a) In any civil or criminal action or proceeding in which it is material to prove that a person was operating or in actual physical control of an aircraft while under the influence of alcohol, drugs, or with a blood or breath alcohol content statutorily prohibited, the results of a chemical 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 render the results

of the chemical test inadmissible. (ii) Evidence of a defendant's blood or breath alcohol content or drug content is admissible

except when prohibited by Rules of Evidence or the constitution. (2) This section does not prevent a court from receiving otherwise admissible evidence as to

a defendant's blood or breath alcohol level or drug level at the time relevant to the alleged offense.

Amended by Chapter 106, 2002 General Session