D.C. Code § 5-1501.07

Current through codified legislation effective October 30, 2024
Section 5-1501.07 - Impaired driving program; certification and testing of breath alcohol equipment
(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.

D.C. Code § 5-1501.07

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.

Section 5 of D.C. Law 19-260 provided that the act shall apply as of the effective date of the Comprehensive Impaired Driving and Alcohol Breath Testing Program Amendment Act of 2012, signed by the Mayor on October 24, 2012 (D.C. Act 19-489; 59 DCR 12957), which became D.C. Law 19-266, effective April 27, 2013.