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§ 5-75-101. Definitions

As used in this chapter: (1) “Aircraft” means any contrivance invented, used, or designed for the navigation of or flight in the air, and that is required to be registered under the laws of the United States; (2) (A) “Controlled substance” means a drug, substance, or immediate precursor in Schedules I through VI. (B) The […]

§ 5-75-102. Unlawful acts

(a) (1) It is unlawful and punishable as provided in this chapter for any person who is intoxicated to operate, navigate, or be in actual physical control of any aircraft. (2) It is unlawful and punishable as provided in this chapter for any person to operate, navigate, or be in actual physical control of any […]

§ 5-75-103. Implied consent

(a) Any person who operates or navigates any aircraft or is in actual physical control of any aircraft in this state is deemed to have given consent, subject to the provisions of § 5-75-104, to a chemical test of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration […]

§ 5-75-104. Administration

(a) A chemical test shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been operating, navigating, or in actual physical control of any aircraft while: (1) Intoxicated; or (2) There was an alcohol concentration of four hundredths (0.04) or more in the person’s breath […]

§ 5-75-105. Validity — Approved methods

(a) (1) “Alcohol concentration” means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath. (2) The alcohol concentration of any other bodily substance shall be based upon grams of alcohol […]

§ 5-75-106. Criminal prosecution — Evidence

(a) In any criminal prosecution of a person charged with the offense of operating or navigating any aircraft while intoxicated, the amount of alcohol in the defendant’s breath or blood at the time or within two (2) hours of the alleged offense, as shown by chemical analysis of the defendant’s blood, urine, breath, or other […]

§ 5-75-107. Blood alcohol testing devices

(a) (1) Any instrument used to determine the alcohol content of the breath of any person by analysis of the breath of the person for the purpose of determining if the person was operating or navigating any aircraft while intoxicated or with an alcohol concentration of four hundredths (0.04) or more shall be so constructed […]