41-6a-516. Admissibility of chemical test results in actions for driving 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 a vehicle while under the influence of
alcohol or drugs or with a blood or breath alcohol content statutorily prohibited, the results of a
chemical test or tests as authorized in Section 41-6a-520 are admissible as evidence.
(b) (i) In a criminal proceeding, noncompliance with Section 41-6a-520 does not render
the results of a 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.
Renumbered and Amended by Chapter 2, 2005 General Session
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Last revised: Thursday, May 01, 2008