78B-5-620. Calibration certificates for breathalizers.

239 words·~1 min read·/ut/title-78b/chapter-5/78b-5-620·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)As used in this section:

(a)"Breathalizer" means any device used by a law enforcement agency which utilizes a person's breath to estimate blood alcohol content.

(b)"Calibration" means the manual setting of specific levels on a breathalizer by a person trained to reset the machine to insure as accurate results as possible.

(c)"Certificate of calibration" means the document issued by the person who calibrates a breathalizer, attesting to the accuracy of the machine.

(d)"Department" means the Department of Public Safety created in Section 53-1-103 .

(e)"Digitize" means to convert content from a tangible, analog form into a digital electronic representation of that content.

(2)The department may digitize and post the digital format of certificates of calibration on its website in a secure location not available to the public.

(3)The secure location shall be available to courts and local prosecutors' offices for use in actions in which it is alleged a party was intoxicated and a law enforcement officer required the party to submit to a breathalizer test.

(4)The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act :

(a)to provide a method for insuring the accuracy of the certificates on the website; and

(b)providing for an attestation to the authenticity of the certificate upon download by a prosecutor or court.

Enacted by Chapter 209 , 2008 General Session