Certification of chemical test operators and machines

Checkout our iOS App for a better way to browser and research.

  • (a) The crime laboratory of the Department of Justice shall promulgate rules concerning the certification of:

    • (1) chemical test operators;

    • (2) machines and chemicals, if any, used in the operation of such machines; and

    • (3) the technique used in operating a chemical testing machine.

  • (b) The rules promulgated under subsection (a) of this section shall provide for the issuance of a certificate:

    • (1) to each properly trained chemical test operator;

    • (2) for each properly inspected and calibrated chemical test machine; and

    • (3) stating the correct procedure to be used in operating a chemical test machine.

      Certificates issued under (b)(2) must specify the specific period of time for which the inspection and calibration is valid.
  • (c) Certificates issued under subsection (b) of this section:

    • (1) shall be sent to each court in the judicial district that has jurisdiction over violations of section 493 of this chapter;

    • (2) are admissible in any proceeding involving a violation of section 493 or a chemical test under section 493c of this chapter;

    • (3) are prima facie evidence that:

      • (A) the certified operator was properly trained in the operation of the chemical test machine;

      • (B) the chemical test machine was inspected and properly calibrated for the specific period mentioned on the certificate;

      • (C) the procedure for operating the chemical test machine is correct.


Download our app to see the most-to-date content.