28-1321. Implied consent; tests; refusal to submit to test; order of suspension; hearing; review; temporary permit; notification of suspension; special ignition interlock restricted driver license A. A person who operates a motor vehicle in this state gives consent, subject to section 4-244, paragraph 34 or section 28-1381, 28-1382 or 28-1383, to a test or tests […]
28-1322. Preliminary breath tests; rules on approval of devices A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 28-1381 or 28-1382 may request that the person submit to a preliminary breath test or tests before an arrest. B. In addition to a breath test […]
28-1323. Admissibility of breath test or other records A. The results of a breath test administered for the purpose of determining a person’s alcohol concentration are admissible as evidence in any trial, action or proceeding on establishing the following foundational requirements: 1. The test was performed using a quantitative breath testing device approved by the […]
28-1324. Breath test rules The director of the department of public safety shall adopt rules prescribing methods and procedures for the administration of breath tests to determine alcohol concentration. The rules shall include: 1. The approval of quantitative breath testing devices. 2. Procedures for ensuring the accuracy of results obtained from approved breath testing devices. […]
28-1325. Breath test operator permits A. The director of the department of public safety shall issue permits to operators who have received approved instruction and who have demonstrated their ability to accurately operate an approved breath testing device. B. The director of the department of public safety may revoke the permit of a person who […]
28-1326. Blood test; rules; permits A. The director of the department of public safety shall adopt rules prescribing the approval of methods for the analysis of blood or other bodily substances to determine blood alcohol concentration. B. The director of the department of public safety shall issue a permit to an analyst who has demonstrated […]
28-1327. Reproduction of records; admissibility; computer storage; definition A. The head of a law enforcement agency or the director of the department of health services may place on computer storage any records concerning a quantitative breath testing device. Signatures that are found on the records do not have to be placed on computer storage. B. […]
