| | | 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. |
|
| | | H.__A person certified by the Maine Criminal Justice | | Academy, under certification standards set by the academy, | | as qualified to operate approved self-contained, breath- | | alcohol testing apparatuses may operate those apparatuses to | | collect and analyze a sample specimen of a defendant's | | breath. |
|
| | | 6.__Liability.__A physician, physician's assistant, registered | | nurse, person certified by the Department of Human Services or | | hospital or other health care provider in the exercise of due | | care is not liable in damages or otherwise for any act done or | | omitted in performing the act of collecting or withdrawing | | specimens of blood at the request of a law enforcement officer | | pursuant to this section. |
|
| | | 7.__Evidence.__The percentage by weight of alcohol in the | | defendant's blood at the time alleged and the concentration of | | drugs at the time alleged, as shown by the chemical analysis of | | the defendant's blood, breath or urine or by any test authorized | | by subsection 5 is admissible in evidence. |
|
| | | A.__When a person certified under subsection 5 conducts a | | chemical analysis of blood, breath or urine to determine | | blood-alcohol level or drug concentration, the person may | | issue a certificate stating the results of the analysis.__ | | That certificate, when duly signed and sworn to by the | | certified person, is admissible in evidence in any court of | | the State.__It is prima facie evidence that the person | | taking a specimen of blood or urine was a person authorized | | by subsection 5; that the equipment, chemicals and other | | materials used in the taking of the blood or urine specimen | | or a breath sample were of a quality appropriate for the |
|
|