Breath test operators, equipment, and chemicals; certification;
rules; certificates as prima facie evidence
Sec. 5. (a) The director of the department of toxicology of the
Indiana University school of medicine shall adopt rules under
IC 4-22-2 concerning the following:
(1) Standards and regulations for the:
(A) selection;
(B) training; and
(C) certification;
of breath test operators.
(2) Standards and regulations for the:
(A) selection; and
(B) certification;
of breath test equipment and chemicals.
(3) The certification of the proper technique for administering
a breath test.
(b) Certificates issued in accordance with rules adopted under
subsection (a) shall be sent to the clerk of the circuit court in each
county where the breath test operator, equipment, or chemicals are
used to administer breath tests. However, failure to send a certificate
does not invalidate any test.
(c) Certified copies of certificates issued in accordance with rules
adopted under subsection (a):
(1) are admissible in a proceeding under this chapter, IC 9-30-5,
IC 9-30-9, or IC 9-30-15;
(2) constitute prima facie evidence that the equipment or
chemical:
(A) was inspected and approved by the department of
toxicology on the date specified on the certificate copy; and
(B) was in proper working condition on the date the breath
test was administered if the date of approval is not more than
one hundred eighty (180) days before the date of the breath
test;
(3) constitute prima facie evidence of the approved technique
for administering a breath test; and
(4) constitute prima facie evidence that the breath test operator
was certified by the department of toxicology on the date
specified on the certificate.
(d) Results of chemical tests that involve an analysis of a person's
breath are not admissible in a proceeding under this chapter,
IC 9-30-5, IC 9-30-9, or IC 9-30-15 if:
(1) the test operator;
(2) the test equipment;
(3) the chemicals used in the test, if any; or
(4) the techniques used in the test;
have not been approved in accordance with the rules adopted under
subsection (a).
As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.9.
Last modified: May 27, 2006