Idaho State Statutes - Idaho Attorney Directory

OPERATING AIRCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS
OR ANY OTHER INTOXICATING SUBSTANCES. (1) It is unlawful for any person to
pilot or be in actual physical control of an aircraft within this state,
whether upon an airport or body of water, or in the airspace over this state:
(a) Within eight (8) hours after the consumption of any alcoholic
beverage;
(b) While under the influence of alcohol;
(c) While using any drug that affects the person's faculties in any way
contrary to safety; or
(d) While having an alcohol concentration of 0.04 as defined in
subsection (5) of this section, or more, as shown by analysis of his
blood, urine, or breath.
(2) Any person having an alcohol concentration of less than 0.04 as
defined in subsection (5) of this section, as shown by analysis of his blood,
urine, breath, or other bodily substance, by a test requested by an authorized
law enforcement officer shall not be prosecuted for operating an aircraft
while under the influence of alcohol, except as provided in subsection (3) of
this section. Any person who does not take a test to determine alcohol
concentration or whose test result is determined by the court to be unreliable
or inadmissible against him, may be prosecuted for piloting or being in actual
physical control of an aircraft while under the influence of alcohol, drugs,
or any other intoxicating substances, on other competent evidence.
(3) If the results of the test requested by an authorized law enforcement
officer show a person's alcohol concentration of less than 0.04, as defined in
subsection (5) of this section, such fact may be considered with other
competent evidence of drug use other than alcohol in determining the guilt or
innocence of the defendant.
(4) Persons authorized to withdraw blood for the purposes of determining
content of alcohol or other intoxicating substances are those persons
authorized in section 18-8003, Idaho Code.
(5) For purposes of this chapter, an evidentiary test for alcohol
concentration is a determination of the percent by weight of alcohol in blood
and shall be based upon a formula of grams of alcohol per one hundred (100)
cubic centimeters of blood, per two hundred ten (210) liters of breath or
sixty-seven (67) milliliters of urine. Analysis of blood, urine or breath for
the purpose of determining the blood alcohol concentration shall be performed
by a laboratory operated by the Idaho state police or by a laboratory approved
by the Idaho state police under the provisions of approval and certification
standards to be set by that department, or by any other method approved by the
Idaho state police. Notwithstanding any other provision of law or rule of
court, the results of any test for alcohol concentration and records relating
to calibration, approval, certification or quality control performed by a
laboratory operated or approved by the Idaho state police or by any other
method approved by the Idaho state police shall be admissible in any
proceeding in this state without the necessity of producing a witness to
establish the reliability of the testing procedure for examination.
(6) It is unlawful for any person who is an habitual user of, or under
the influence of any narcotic drug, or who is under the influence of any other
drug or any combination of alcohol and any drug to a degree which renders him
incapable of safely piloting an aircraft, to pilot or be in actual physical
control of an aircraft on an airport, body of water, or in the airspace above
the state of Idaho. The fact that any person charged with a violation of the
provisions of this subsection is or has been entitled to use such drug under
the laws of this state shall not constitute a defense against any charge of a
violation of the provision of this subsection.
(7) Notwithstanding any other provision of law, any evidence of
conviction under this section shall be admissible in any civil action for
damages resulting from the occurrence. A conviction for the purposes of this
section means that the person has pled guilty or has been found guilty, not
withstanding the form of the judgment or withheld judgment.

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