(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to establish standards for the proper use of oral fluid and portable breath testing as part of a field sobriety test.
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Terms Used In Utah Code 53-25-102

  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Law enforcement agency: means an entity or division of:
              (1)(e)(i)
                   (1)(e)(i)(A) the federal government, a state, or a political subdivision of a state;
                   (1)(e)(i)(B) a state institution of higher education; or
                   (1)(e)(i)(C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and
              (1)(e)(ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102
(2) Each law enforcement agency shall provide training to ensure that:

     (2)(a) oral fluid and portable breath testing techniques and practices comply with the rules described in Subsection (1); and
     (2)(b) oral fluid and portable breath testing equipment is used in a manner consistent with manufacturer and industry standards.
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