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Legislative Update

Certifications concerning breath tests

May 19, 2017 Filed Under: Criminal

S.E.A. 37, P.L. 38
Effective: July 1, 2017
Authorizes the department of toxicology (department) to publish certifications of breath test operators, breath test equipment and chemicals, and proper breath test administration techniques on its Internet web site.
Provides that a certification published on the department’s Internet web site and obtained from the department as an electronic record bearing an electronic signature: (1) is admissible in a proceeding involving the offense of operating a vehicle while intoxicated; and (2) constitutes prima facie evidence concerning the equipment used in administering a breath test, the technique used in administering the breath test, or the certification of the operator who administered the breath test.
The full law is available at: https://iga.in.gov/legislative/2017/bills/senate/37

Filed Under: Criminal Tagged With: operating while intoxicated

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