LD 1600
pg. 80
Page 79 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 81 of 360
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LR 2121
Item 1

 
determine the blood-alcohol level or drug concentration of
that sample.__Approved equipment must have a stamp of
approval affixed by the Department of Human Services.__
Evidence that the equipment was in a sealed carton bearing
the stamp of approval must be accepted in court as prima
facie evidence that the equipment was approved by the
Department of Human Services for use by the law enforcement
officer to take the sample specimen of the defendant's
breath or urine.

 
D.__As an alternative to the method of breath testing
described in this subsection, a law enforcement officer may
test the breath of any person whom the officer has probable
cause to believe hunted wild birds or wild animals or
operated or attempted to operate a watercraft, snowmobile or
ATV while under the influence of intoxicating liquor, by use
of a self-contained, breath-alcohol testing apparatus to
determine the blood-alcohol level, provided the testing
apparatus is reasonably available.__The procedures for the
operation and testing of self-contained, breath-alcohol
testing apparatuses must be as provided by rule adopted by
the Department of Human Services.__The result of any such
test must be accepted as prima facie evidence of the blood-
alcohol level in any court.

 
E.__Approved self-contained, breath-alcohol testing
apparatuses must have a stamp of approval affixed by the
Department of Human Services after periodic testing.__That
stamp of approval is valid for a limited period of no more
than one year.__Testimony or other evidence that the
equipment was bearing the stamp of approval must be accepted
in court as prima facie evidence that the equipment was
approved by the Department of Human Services for use by the
law enforcement officer to collect and analyze a sample
specimen of the defendant's breath.

 
F.__Failure to comply with any provision of this subsection
or with any rule adopted under this subsection does not, by
itself, result in the exclusion of evidence of blood-alcohol
level or drug concentration, unless the evidence is
determined to be not sufficiently reliable.

 
G.__Testimony or other evidence that any materials used in
operating or checking the operation of the equipment were
bearing a statement of the manufacturer or of the Department
of Human Services must be accepted in court as prima facie
evidence that the materials were of a composition and
quality as stated.


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