Utah Code 78B-5-620. Calibration certificates for breathalizers
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(1) As used in this section:
Terms Used In Utah Code 78B-5-620
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5(1)(a) “Breathalizer” means any device used by a law enforcement agency which utilizes a person‘s breath to estimate blood alcohol content.(1)(b) “Calibration” means the manual setting of specific levels on a breathalizer by a person trained to reset the machine to insure as accurate results as possible.(1)(c) “Certificate of calibration” means the document issued by the person who calibrates a breathalizer, attesting to the accuracy of the machine.(1)(d) “Department” means the Department of Public Safety created in Section
53-1-103 .(1)(e) “Digitize” means to convert content from a tangible, analog form into a digital electronic representation of that content.
(2) The department may digitize and post the digital format of certificates of calibration on its website in a secure location not available to the public.
(3) The secure location shall be available to courts and local prosecutors’ offices for use in actions in which it is alleged a party was intoxicated and a law enforcement officer required the party to submit to a breathalizer test.
(4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act :
(4)(a) to provide a method for insuring the accuracy of the certificates on the website; and
(4)(b) providing for an attestation to the authenticity of the certificate upon download by a prosecutor or court.