HB3086: Driving under influence of alcohol; admissibility of breath test certificate.

Chief Patron

Del. Steve Shannon (D-35)

Status

Bill is Dead

View Entire History

Summary

Admissibility of DUI breath test certificate.  Provides that any individual conducting a DUI breath test shall issue a certificate that will indicate the name of the accused, the date and time the sample was taken from the accused, the sample's alcohol content, and the name of the person who examined the sample. No attestation is required, and the certificate comes into evidence. Currently, the certificate also contains the assertions that (i) the test was conducted in accordance with the Department's specifications, (ii) the equipment on which the breath test was conducted had been tested within the previous six months and found to be accurate, and (iii) prior to the administration of the test, the accused was advised of his right to observe the process and see the blood alcohol reading on the equipment used to perform the breath test. Currently, the certificate must contain an attestation by the person who ran the test.

The bill also provides that the accused in a DUI case may challenge the admissibility of the breath test certificate through proof that (i) the test was not conducted in accordance with the Department's specifications, (ii) the equipment on which the breath test was conducted had not been tested within the previous six months and found to be accurate, or (iii) prior to the administration of the test, the accused was not advised of his right to observe the process and see the blood alcohol reading on the equipment used to perform the breath test.

  View Full Text »