Is a Portable Breath Test valid if it was not shown to anyone
- State: ALL #16274
Is a Portable Breath Test valid if it was not shown to anyone, including me after I took it?
Whether or not the police are required to show the reults of a Portable Breath Test is governed by police department policy, which varies by department. The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature. Alaska Statute 28.35.031 sets no explicit limit on the admissibility of different kinds of breath tests. AS 28.35.033(d) does provide that, when a chemical analysis of breath or blood was
performed according to approved methods by a person trained according to techniques, methods, and standards of training approved by the Department of Public Safety, there is a presumption that the test results are valid and further foundation for introduction of the
evidence is unnecessary.
Please see the information at the following links:
04/28/2009 - Category: Criminal - State: ALL #16274
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