Code of the District of Columbia

§ 5–1501.07. Impaired driving program; certification and testing of breath alcohol equipment.

(a) The Department shall be responsible for testing and certifying the accuracy of any District instrument utilized by District law enforcement personnel to test the alcohol content of breath. A District breath test instrument shall only be used by District law enforcement personnel if it has been certified by the Department, or the Department’s designee, to be accurate. Certification of the accuracy of each breath test instrument shall occur at least once every 180 days.

(b) In addition to the requirements under subsection (a) of this section, the Department shall:

(1) Develop a program for District law enforcement personnel to become trained and certified as a breath test instrument operator;

(2) Develop policies and procedures for the operation and maintenance of all breath test instruments utilized by District law enforcement personnel; and

(3) Develop policies and procedures for the maintenance of records demonstrating that the breath test instruments utilized by District law enforcement personnel are in proper operating condition.

(c) The Department shall issue regulations to meet the requirements of this section.

(d) The Director may delegate by memorandum of agreement some or all of the responsibilities of this section, as well as some or all of the responsibilities for providing forensic science services pertaining to breath testing as provided by § 5-1501.08(a)(1) to the Office of the Chief Medical Examiner.

(e) This section shall apply as of October 1, 2012.