| 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. |
|
|