78B-5-620 - Calibration certificates for breathalizers. - Utah Statutes

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 aperson's breath to estimate blood alcohol content.
(b) "Calibration" means the manual setting of specific levels on a breathalizer by aperson 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 abreathalizer, 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 digitalelectronic representation of that content.
(2) The department may digitize and post the digital format of certificates of calibrationon 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 usein actions in which it is alleged a party was intoxicated and a law enforcement officer requiredthe party to submit to a breathalizer test.
(4) The department shall make rules in accordance with Title 63G, Chapter 3, UtahAdministrative 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 aprosecutor or court.

Enacted by Chapter 209, 2008 General Session