| (1) |
As used in this section:
Terms Used In Utah Code 78B-5-620
| (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
