§ 9-30-6-5 — Breath test operators, equipment, and chemicals; certification; rules; certificates as prima facie evidence

Indiana § 9-30-6-5

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 30: GENERAL PENALTY PROVISIONS
• Ch. 6: Implied Consent; Administrative and Evidentiary Matters

Text

(a) The director of the state department of
toxicology shall adopt rules under IC 4-22-2 concerning the following:
(1) Standards and regulations for the:
(A) selection;
(B) training; and
(C) certification;
of breath test operators.
(2) Standards and regulations for the:
(A) selection; and
(B) certification;
of breath test equipment and chemicals.
(3) The certification of the proper technique for administering a
breath test.
(b) A certification in accordance with rules adopted under
subsection (a) shall be:
(1) sent in writing to the clerk of the circuit court in each county
where the breath test operator, equipment, or chemicals are used
to administer breath tests; or
(2) published on the website of the state department of toxicology.
However, failure to send or publish a certification as required by this
subsection does not invalidate any test.
(c) A certification in accordance with rules adopted under
subsection (a) that is sent in writing under subsection (b)(1) or
published on the website of the state department of toxicology under
subsection (b)(2) and obtained from the state department of toxicology
as an electronic record bearing an electronic signature:
(1) is admissible in a proceeding under this chapter, IC 9-30-5, IC 9-30-9, or IC 9-30-15;
(2) constitutes prima facie evidence that the equipment or
chemical:
(A) was inspected and approved by the state department of
toxicology on the date specified on the writing or electronic
record; and
(B) was in proper working condition on the date the breath test
was administered if the date of approval is not more than one
hundred eighty (180) days before the date of the breath test;
(3) constitutes prima facie evidence of the approved technique for
administering a breath test; and
(4) constitutes prima facie evidence that the breath test operator
was certified by the state department of toxicology on the date
specified on the writing or electronic record.
(d) Results of chemical tests that involve an analysis of a person's
breath are not admissible in a proceeding under this chapter, IC 9-30-5,
IC 9-30-9, or IC 9-30-15 if:
(1) the test operator;
(2) the test equipment;
(3) the chemicals used in the test, if any; or
(4) the techniques used in the test;
have not been approved in accordance with the rules adopted under
subsection (a).
[Pre-1991 Recodification Citation: 9-11-4-5.]

Legislative History

As added by P.L.2-1991, SEC.18. Amended by P.L.53-1994, SEC.9; P.L.158-2011, SEC.2; P.L.38-2017, SEC.1; P.L.1-2025, SEC.141.