LD 1600
pg. 80
Page 79 of 361 PUBLIC Law Chapter 414 Page 81 of 361
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LR 2121
Item 1

 
B.__A law enforcement officer may take a sample specimen of
the breath or urine of any person whom the officer has
probable cause to believe 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 and who is complying with the duty to submit to and
complete a chemical test.__The sample specimen must be
submitted to the Department of Human Services or a person
certified by the Department of Human Services for the
purpose of conducting chemical tests of the sample specimen
to determine the blood-alcohol level or drug concentration
of that sample.

 
C.__Only equipment approved by the Department of Human
Services may be used by a law enforcement officer to take a
sample specimen of the defendant's breath or urine for
submission to the Department of Human Services or a person
certified by the Department of Human Services for the
purpose of conducting tests of the sample specimen to
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


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