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

Introduced By

Del. Steve Shannon (D-Vienna) with support from co-patrons Del. Tom Rust (R-Herndon), and Del. Vivian Watts (D-Annandale)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

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. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/17/2007Committee
01/17/2007Presented and ordered printed 077023502
01/17/2007Referred to Committee for Courts of Justice
01/25/2007Assigned Courts sub: Criminal Law
01/28/2007Impact statement from DPB (HB3086)
02/06/2007Left in Courts of Justice