41-6a-515 - Standards for chemical breath or oral fluids analysis -- Evidence.
41-6a-515. Standards for chemical breath or oral fluids analysis -- Evidence.
(1) The commissioner of the department shall establish standards for the administrationand interpretation of chemical analysis of a person's breath or oral fluids, including standards oftraining.
(2) In any action or proceeding in which it is material to prove that a person wasoperating or in actual physical control of a vehicle while under the influence of alcohol or anydrug or operating with a blood or breath alcohol content statutorily prohibited, documents offeredas memoranda or records of acts, conditions, or events to prove that the analysis was made andthe instrument used was accurate, according to standards established in Subsection (1), areadmissible if:
(a) the judge finds that they were made in the regular course of the investigation at orabout the time of the act, condition, or event; and
(b) the source of information from which made and the method and circumstances oftheir preparation indicate their trustworthiness.
(3) If the judge finds that the standards established under Subsection (1) and theconditions of Subsection (2) have been met, there is a presumption that the test results are validand further foundation for introduction of the evidence is unnecessary.
Renumbered and Amended by Chapter 2, 2005 General Session