Title 78B - Judicial Code - Chapter 5 - Procedure and Evidence - Part 6 - Evidence - Section 620 - Calibration certificates for breathalizers.

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Utah Code

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