| (1) |
The commissioner of the department shall establish standards for the administration and interpretation of chemical analysis of a person‘s breath or oral fluids, including standards of training. |
Terms Used In Utah Code 41-6a-515
- Commissioner: means the commissioner of the Department of Public Safety. See Utah Code 41-6a-102
- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
| (2) |
In any action or proceeding in which it is material to prove that a person was operating or in actual physical control of a vehicle while under the influence of alcohol or any drug or operating with a blood or breath alcohol content statutorily prohibited, documents offered as memoranda or records of acts, conditions, or events to prove that the analysis was made and the instrument used was accurate, according to standards established in Subsection (1), are admissible if:
| (a) |
the judge finds that they were made in the regular course of the investigation at or about the time of the act, condition, or event; and |
| (b) |
the source of information from which made and the method and circumstances of their preparation indicate their trustworthiness. |
|
| (3) |
If the judge finds that the standards established under Subsection (1) and the conditions of Subsection (2) have been met, there is a presumption that the test results are valid and further foundation for introduction of the evidence is unnecessary. |
Renumbered and Amended by Chapter 2, 2005 General Session
