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2004 SESSION

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HB 1217 Driving under influence of alcohol or drugs; admissibility of breath analysis.

Introduced by: R. Steven Landes | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Preliminary analysis of breath to determine alcoholic content of blood. Provides that the results of a preliminary blood alcohol breath analysis may be admitted into evidence in any DUI prosecution (i) when the person refuses to have samples of his blood or breath taken, (ii) in rebuttal to testimony offered regarding a difference in the defendant's blood alcohol content occurring in the period of time between operation of the vehicle and administration of a blood or breath test, or (iii) when an expert witness testifies in any rebuttal testimony. Currently, the results of the preliminary breath test are not admissible.


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