| | | purpose of producing reliable test results; that any | | equipment, chemicals or materials required by subsection 5 | | to be approved by the Department of Human Services were in | | fact approved; that the sample tested by the person | | certified under subsection 5 was in fact the same sample | | taken from the defendant; and that the drug concentration or | | percentage by weight of alcohol in the defendant's blood | | was, at the time the blood, breath or urine sample was | | taken, as stated in the certificate, unless with 10 days' | | written notice to the prosecution, the defendant requests | | that a qualified witness testify as to any of the matters as | | to which the certificate constitutes prima facie evidence.__ | | The notice must specify those matters concerning which the | | defendant requests testimony. |
|
| | | B.__A person certified under subsection 5 as qualified to | | operate a self-contained, breath-alcohol testing apparatus | | to determine the blood-alcohol level 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 percentage by weight of | | alcohol in the defendant's blood was, at the time the breath | | sample was taken, as stated in the certificate, unless, with | | 10 days' written notice to the prosecution, the defendant | | requests that the operator or other qualified witness | | testify as to the results of the analysis. |
|
| | | C.__Transfer of sample specimens to and from a laboratory | | for purposes of analysis must be by certified or registered | | mail and, when so made, is deemed to comply with all | | requirements regarding the continuity of custody of physical | | evidence. |
|
| | | D.__The failure of a person to comply with the duty to | | submit to and complete a chemical test under section 10702, | | subsection 1 is admissible in evidence on the issue of | | whether that person was under the influence of intoxicating | | liquor or drugs.__If the law enforcement officer having | | probable cause to believe that the person hunted wild | | animals or wild birds or operated or attempted to operate a | | watercraft, snowmobile or ATV while under the influence of | | intoxicating liquor or drugs fails to give either of the | | warnings required under subsection 2, the failure of the | | person to comply with the duty to submit to a chemical test | | is not admissible, except when a test was required pursuant | | to subsection 11.__If a failure to submit to and complete a | | chemical test is not admitted into evidence, the court may | | inform the jury of the fact that a test result is not | | available. |
|
|