§ 5-75-105 — Validity - Approved methods

(a) (1) "Alcohol concentration" means either: (A) Grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood; or (B) Grams of alcohol per two hundred ten liters (210 l) of breath. (2) The alcohol concentration of any other bodily substance shall be based upon grams of alcohol per one hundred milliliters (100 ml) or one hundred cubic centimeters (100 cc) of blood, the same being percent weight per volume or percent alcohol concentration. (b) (1) To be considered valid under the provisions of this chapter, a chemical analysis of a person's blood, urine, or breath shall be performed according to a method approved by the Department of Health or by an individual possessing a valid permit issued by the department for that purpose. (2) The department may: (A) Approve a satisfactory technique or method for the chemical analysis; (B) Ascertain the qualifications and competence of an individual to conduct the chemical analysis; and (C) Issue a permit to conduct the chemical analysis that is subject to termination or revocation at the discretion of the department. (c) To be considered valid under the provisions of this section, a chemical analysis of a person's blood, urine, breath, or other bodily substance for determining the alcohol content of the breath or blood shall be performed according to a method approved by the State Board of Health. (d) (1) When a person submits to a blood test at the request of a law enforcement officer under the provisions of this section, blood may be drawn by a physician or a person acting under the direction and supervision of a physician. (2) The limitation in subdivision (d)(1) of this section does not apply to the taking of a breath or urine specimen. (3) (A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol or controlled substance content of the blood at the request of a law enforcement officer under a provision of this chapter shall be held liable for violating any criminal law of this state in connection with the withdrawing of the blood. (B) No physician, institution, or person acting under the direction or supervision of a physician shall be held liable in tort for the withdrawal of the blood unless the person is negligent in connection with the withdrawal of the blood or the blood is taken over the objections of the subject. (e) (1) The person tested may have a physician or a qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person of the right provided in subdivision (e)(1) of this section. (3) The refusal or failure of a law enforcement officer to advise the person of the right provided in subdivision (e)(1) of this section and to permit and assist the person to obtain a chemical test under subdivision (e)(1) of this section precludes the admission of evidence relating to the chemical test taken at the direction of a law enforcement officer. (f) Upon the request of a person who submits to a chemical test at the request of a law enforcement officer, full information concerning the chemical test shall be made available to the person or his or her attorney.

Legislative History

Acts 1993, No. 824, § 5; 2001, No. 561, § 20.