1. (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.

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

   1. (1) Develop a program for District law enforcement personnel to become trained and certified as a breath test instrument operator;
   2. (2) Develop policies and procedures for the operation and maintenance of all breath test instruments utilized by District law enforcement personnel; and
   3. (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.
3. (c) The Department shall issue regulations to meet the requirements of this section.
4. (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.
5. (e) This section shall apply as of October 1, 2012.

History

Aug. 17, 2011, D.C. Law 19-18, § 8, 58 DCR 5403

Apr. 20, 2013, D.C. Law 19-260, § 3, 60 DCR 1292

Apr. 27, 2013, D.C. Law 19-266, § 201, 59 DCR 12957

Apr. 21, 2023, D.C. Law 24-348, § 2(k)

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.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 201 of the Comprehensive Impaired Driving and Alcohol Testing Program Second Congressional Review Emergency Act of 2013 (D.C. Act 20-51, April 17, 2013, 60 DCR 6344, 20 DCSTAT 1360).

For temporary (90 days) amendment of this section, see § 201 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).

For temporary amendment of section, see § 201 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).

For temporary (90 day) amendment of section, see § 201 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).

Effect of Amendments

The 2013 amendment by D.C. Law 19-266 rewrote this section; and added “Impaired driving program; certification and” to the section heading.

The 2013 amendment by D.C. Law 19-260 substituted “180 days” for “3 months” in (a).

Section References

This section is referenced in § 5-1419 and § 50-2206.52.

Applicability

Applicability of D.C. Law 24-348: § 10 of D.C. Law 24-348 provided that the change made to this section by § 2(k) of D.C. Law 24-348 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.