§ 78B-5-620. Calibration certificates for breathalizers.

(1) As used in this section:

(a) "Breathalizer" means any device used by a law enforcement agency which utilizes a person's breath to estimate blood alcohol content.

(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.

(c) "Certificate of calibration" means the document issued by the person who calibrates a breathalizer, attesting to the accuracy of the machine.

(d) "Department" means the Department of Public Safety created in Section 53-1-103.

(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:

(a) to provide a method for insuring the accuracy of the certificates on the website; and

(b) providing for an attestation to the authenticity of the certificate upon download by a prosecutor or court.

Enacted by Chapter 209, 2008 General Session