41-6a-515. Standards for chemical breath or oral fluids analysis -- Evidence.
(1) The commissioner of the department shall establish standards for the administration
and interpretation of chemical analysis of a person's breath or oral fluids, including standards of
training.
(2) In any action or proceeding in which it is material to prove that a person was
operating or in actual physical control of a vehicle while under the influence of alcohol or any
drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered
as memoranda or records of acts, conditions, or events to prove that the analysis was made and
the instrument used was accurate, according to standards established in Subsection (1), are
admissible if:
(a) the judge finds that they were made in the regular course of the investigation at or
about the time of the act, condition, or event; and
(b) the source of information from which made and the method and circumstances of
their preparation indicate their trustworthiness.
(3) If the judge finds that the standards established under Subsection (1) and the
conditions of Subsection (2) have been met, there is a presumption that the test results are valid
and further foundation for introduction of the evidence is unnecessary.
Renumbered and Amended by Chapter 2, 2005 General Session
Download Code Section Zipped WordPerfect 41_06a051500.ZIP 2,277 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 01, 2008