LD 1600
pg. 82
Page 81 of 361 PUBLIC Law Chapter 414 Page 83 of 361
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LR 2121
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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.


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