- (a) Upon receipt of a timely request for the appearance of the certified breath test operator who administered the test and obtained the defendant's specimen to determine the level of alcohol concentration in the defendant's body and/or the certified breath test technical supervisor, DPS shall ensure that the requested individuals appear at the hearing. If the requested witness does not appear without good cause, the results of the test will not be admitted into evidence. If good cause is established for the witness's failure to appear, DPS will be entitled to a continuance.
- (b) Requests for witnesses under this section are limited to cases under Texas Transportation Code §522.081(b)(4) and §522.081(d)(3)(C) and Chapter 524.
Source Note:The provisions of this §159.101 adopted to be effective January 20, 2009, 34 TexReg 330.