District of Columbia § 5-1501.07 Impaired driving program; certification and testing of breath alcohol equipment.

District of Columbia Statutes

§ 5-1501.07 — Impaired driving program; certification and testing of breath alcohol equipment.

District of Columbia § 5-1501.07

Title 5Police, Firefighters, Medical Examiner, and Forensic Sciences.

Ch. 15Department of Forensic Sciences.

This text of District of Columbia § 5-1501.07 (Impaired driving program; certification and testing of breath alcohol equipment.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.C. Code § 5-1501.07 (2026).

Text

(a)The Department shall be responsible for testing and certifying the accuracy of any District instrument utilized by District law enforcement personnel to test the alcohol content of breath. A District breath test instrument shall only be used by District law enforcement personnel if it has been certified by the Department, or the Department’s designee, to be accurate. Certification of the accuracy of each breath test instrument shall occur at least once every 180 days.

(b)In addition to the requirements under subsection (a) of this section, the Department shall:

(1)Develop a program for District law enforcement personnel to become trained and certified as a breath test instrument operator;

(2)Develop policies and procedures for the operation and maintenance of all breath test

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(a) The Department shall be responsible for testing and certifying the accuracy of any District instrument utilized by District law enforcement personnel to test the alcohol content of breath. A District breath test instrument shall only be used by District law enforcement personnel if it has been certified by the Department, or the Department’s designee, to be accurate. Certification of the accuracy of each breath test instrument shall occur at least once every 180 days.

(b) In addition to the requirements under subsection (a) of this section, the Department shall:

(1) Develop a program for District law enforcement personnel to become trained and certified as a breath test instrument operator;

(2) Develop policies and procedures for the operation and maintenance of all breath test instruments utilized by District law enforcement personnel; and

(3) Develop policies and procedures for the maintenance of records demonstrating that the breath test instruments utilized by District law enforcement personnel are in proper operating condition.

(c) The Department shall issue regulations to meet the requirements of this section.

(d) The Director may delegate by memorandum of agreement some or all of the responsibilities of this section, as well as some or all of the responsibilities for providing forensic science services pertaining to breath testing as provided by § 5-1501.08(a)(1) to the Office of the Chief Medical Examiner.

(e) This section shall apply as of October 1, 2012.

Legislative History

Aug. 17, 2011, D.C. Law 19-18, § 8, 58 DCR 5403; Apr. 20, 2013, D.C. Law 19-260, § 3, 60 DCR 1292; Apr. 27, 2013, D.C. Law 19-266, § 201, 59 DCR 12957