LD 1600
pg. 79
Page 78 of 361 PUBLIC Law Chapter 414 Page 80 of 361
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LR 2121
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considered with other competent evidence in determining
whether or not the defendant was under the influence of
intoxicating liquor.

 
C.__For purposes of evidence in proceedings other than those
arising under section 10701, subsection 1, it is presumed
that a person was under the influence of intoxicating liquor
when that person has:

 
(1) For a person 21 years of age or older, a blood-
alcohol level of 0.08% or more by weight; and

 
(2) For a person less than 21 years of age, any amount
of alcohol in the blood.

 
D.__Percent by weight of alcohol in the blood is based upon
grams of alcohol per 100 milliliters of blood.

 
5.__Administration of tests.__Persons conducting analyses of
blood, breath or urine for the purpose of determining the blood-
alcohol level or drug concentration must be certified for each
purpose by the Department of Human Services under certification
standards set by that department.

 
A.__Only a duly licensed physician, registered physician's
assistant, registered nurse or a person certified by the
Department of Human Services under certification standards
set by that department, acting at the request of a law
enforcement officer, may draw a specimen of blood to
determine the blood-alcohol level or drug concentration of a
person who is complying with the duty to submit to a
chemical test.__This limitation does not apply to the taking
of breath or urine specimens.__When a person draws a
specimen of blood at the request of a law enforcement
officer, that person may issue a certificate that states
that the person is in fact a duly licensed or certified
person as required by this subsection and that the person
followed the proper procedure for drawing a specimen of
blood to determine the blood-alcohol level or drug
concentration.__That certificate, when duly signed and sworn
to by the person, is admissible as evidence in any court of
the State.__It is prima facie evidence that the person was
duly licensed or certified and that the person followed the
proper procedure for drawing a specimen of blood for
chemical testing, unless, with 10 days' written notice to
the prosecution, the defendant requests that the person
testify as to licensure or certification, or the procedure
for drawing the specimen of blood.


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