Code of the District of Columbia

§ 50–2206.52a. Presence or testimony of person maintaining breath test instrument in a criminal proceeding.

(a) The record of a breath test is admissible in court as prima facie evidence of the amount of grams of alcohol per 210 liters of a person’s breath without the testimony of the persons responsible for maintaining the breath test instrument’s proper operating condition if:

(1) The criteria in § 50-2206.52(a) have been met;

(2) The record of a breath test is provided to the person, or his or her counsel, within 15 calendar days of arraignment or notice of appearance of counsel, whichever is later; and

(3) There are more than 30 calendar days between the date the breath test is provided to the person, or his or her counsel, and the trial date.

(b)(1) Notwithstanding subsection (a) of this section, a person may demand the presence of the persons responsible for maintaining the breath test instrument’s proper operating condition to provide evidence in the government’s case-in-chief by serving upon the government, in writing, his or her request for the live testimony of the persons responsible for maintaining the breath test instrument’s proper operating condition no later than 15 calendar days before trial.

(2) A person’s failure to file a timely request pursuant to paragraph (1) of this subsection shall constitute a waiver of the person’s right to demand the presence of the persons responsible for maintaining the breath test instrument’s proper operating condition to provide evidence in the government’s case-in-chief.

(c) For the purposes of this section, the term “record of a breath test” means the analytical results of a breath test administered on:

(1) A breath test instrument operated by the Metropolitan Police Department that has been certified as accurate pursuant to § 5-1507; or

(2) A breath test instrument operated by other law enforcement agencies that has been certified as accurate by the persons designated by that agency to certify the accuracy of the instrument.


(Sept. 14, 1982, D.C. Law 4-145, § 3q-1; as added Apr. 20, 2013, D.C. Law 19-260, § 4(b), 60 DCR 1292.)

Section References

This section is referenced in § 50-2206.52b.

Effect of Amendments

The 2013 amendment by D.C. Law 19-260 added this section.

Editor's Notes

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.