[PART
XIV.  BLOOD ALCOHOL]



 



§321-161  Chemical testing for alcohol
concentration or drug content.  (a)  The department of health shall
establish and administer a statewide program relating to chemical testing of
alcohol concentrations or drug content for the purposes of chapters 286, 291,
291C, and 291E, with the consultation of the state director of transportation. 
Under the program, appropriate procedures shall be established for specifying:



(1)  The qualifications of personnel who administer
chemical tests used to determine alcohol concentrations or drug content;



(2)  The procedures for specimen selection,
collection, handling, and analysis; and



(3)  The manner of reporting and tabulating the
results.



(b)  The director of health may adopt rules
pursuant to chapter 91 necessary for the purposes of this section. [L 1973, c
139, §1; am L Sp 1977 1st, c 20, §12; am L 1990, c 188, §9; am L Sp 1991, c 1,
§18; am L 1997, c 103, §10; am L 2001, c 157, §30]



 



Case Notes



 



  The health department rules are applicable only to the
proceedings enumerated in this section; and when the State seeks to introduce
the breathalyzer results in a prosecution outside the ambit of this section, it
must establish a foundation independent of the rules.  1 H. App. 625, 623 P.2d
1271.



  Intoxilyzer test result inadmissible where officer
administering test had less than required training and had not been issued
appropriate permit.  5 H. App. 575, 704 P.2d 927.



  To admit intoxilyzer test result, there must be strict
compliance with rules having direct bearing on validity and accuracy of test
result.  6 H. App. 554, 732 P.2d 253.



  Where intoxilyzer not checked for accuracy, test results
inadmissible, though operator followed operational checklist and device
allegedly "fail-safe".  6 H. App. 569, 733 P.2d 326.