Committee on Testing for Intoxication: Adoption of regulations for certification of persons to operate device to test concentration in breath; judicial notice; presumption of proper operation; evidence of test performed by others not precluded.
1. The Committee on Testing for Intoxication shall adopt regulations which:
(a) Establish methods for ascertaining the competence of persons to:
(1) Operate devices for testing a person’s breath to determine the concentration of alcohol in the person’s breath.
(2) Examine prospective operators and determine their competence.
(b) Provide for certification of operators and examiners by the Department. A certificate issued by the Department may not be made effective for longer than 3 years.
Ê A person who is certified as an examiner is presumed to be certified as an operator.
2. The Director shall issue a certificate to any person who is found competent to operate such a device or examine others on their competence in that operation.
3. A court shall take judicial notice of the certification of a person to operate devices of one of the certified types. If a test to determine the concentration of alcohol in a person’s breath has been performed with a certified type of device by a person who is certified pursuant to this section, it is presumed that the person operated the device properly.
4. This section does not preclude the admission of evidence of a test of a person’s breath where the test has been performed by a person other than one who is certified pursuant to this section.
Last modified: February 25, 2006