Department of State Police rules regarding breath tests as evidence
- • validity of officer’s permit
(1) A court shall, at the request of a party to the case, admit into evidence, without certification, a copy of administrative rules of the Department of State Police addressing methods of conducting chemical tests of a person’s breath in a proceeding arising from the arrest of a person for driving while under the influence of intoxicants.
(2) If a police officer testifies in a proceeding arising from the arrest of a person for driving while under the influence of intoxicants that the officer has a valid permit to perform analysis of a person’s breath, the defendant has the burden of moving forward with evidence to show that the officer does not have a valid permit. [1999 c.446 §2]
Note: 813.322 (Department of State Police rules regarding breath tests as evidence) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 813 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
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