21-112B. TEST OF PILOT FOR ALCOHOL CONCENTRATION. (1) Any person who pilots or is in actual physical control of an aircraft in this state shall be deemed to have given his consent to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances as defined in section 21-112A, Idaho Code, provided that such test is administered at the request of a police officer having reasonable grounds to believe that person has been piloting or has been in actual physical control of an aircraft while under the influence of alcohol, drugs or of any other intoxicating substances.
(2) Such person shall not have the right to consult with an attorney before submitting to an evidentiary test for concentration of alcohol, drugs or other intoxicating substances.
(3) At the time an evidentiary test for concentration of alcohol, drugs or other intoxicating substances is requested, the person shall be informed that if he refuses to take the test:
(a) That an affidavit of such fact will be filed with the administrator of the federal aviation agency;
(b) That such refusal could result in the suspension or revocation of the person’s certificate or rating, or denial of application for a certificate or rating, under federal aviation regulations; and
(c) That after submitting to the test he may, when practicable, at his own expense, have additional tests made by a person of his own choosing.
History:
[21-112B, added 1989, ch. 229, sec. 3, p. 547.]
Structure Idaho Code
Chapter 1 - AERONAUTICS ADMINISTRATION
Section 21-102 - DECLARATION OF PURPOSE.
Section 21-104 - DEVELOPMENT OF AERONAUTICS.
Section 21-105 - MUNICIPAL AIRPORTS.
Section 21-106 - STATE AIRPORTS.
Section 21-107 - STATE AIRWAYS, CHARTS AND BULLETINS.
Section 21-108 - CONTRACTS — LAW GOVERNING.
Section 21-109 - EXCLUSIVE RIGHTS.
Section 21-110 - PUBLIC PURPOSE OF ACTIVITIES.
Section 21-111 - RULES, REGULATIONS, STANDARDS.
Section 21-112 - RECKLESS OPERATION OF AIRCRAFT.
Section 21-112B - TEST OF PILOT FOR ALCOHOL CONCENTRATION.
Section 21-113 - FEDERAL AIRMAN AND AIRCRAFT CERTIFICATES.
Section 21-114 - REGISTRATION OF AIRCRAFT — REQUISITES.
Section 21-116 - INVESTIGATIONS AND HEARINGS.
Section 21-117 - FEDERAL-STATE JOINT HEARINGS — RECIPROCAL SERVICES — ACCIDENT REPORTING.
Section 21-118 - USE OF STATE AND MUNICIPAL FACILITIES AND SERVICES.
Section 21-119 - ENFORCEMENT OF AERONAUTICS LAWS.
Section 21-120 - DEPARTMENT ORDERS — NOTICE AND OPPORTUNITY FOR HEARINGS — JUDICIAL REVIEW.
Section 21-121 - PENALTIES — GENERAL AND SPECIAL.
Section 21-122 - EXCHANGE OF VIOLATIONS INFORMATION.
Section 21-123 - SEPARABILITY.
Section 21-132 - DECLARATION OF PURPOSE.
Section 21-134 - IDAHO AERONAUTICS ADVISORY BOARD CREATED — DUTIES — COMPENSATION.
Section 21-135 - COMPOSITION OF ADVISORY BOARD — NUMBER — APPOINTMENT — QUALIFICATIONS.
Section 21-136 - APPOINTMENT OF MEMBERS — TERM — VACANCIES.
Section 21-137 - CERTIFICATES OF MEMBERS — OATH — POLITICAL AFFILIATION — BOND.
Section 21-138 - MEMBERS SERVE AT PLEASURE OF GOVERNOR.
Section 21-142 - POWERS AND DUTIES OF BOARD.
Section 21-147 - CONTINUATION OF EXISTING STATUTES — EFFECT.
Section 21-148 - CONTINUATION OF RIGHTS AND PRIVILEGES OF PRESENT EMPLOYEES — EFFECT.