§ 5–1419. Impaired driving program; chemical testing.

(a) The CME shall be responsible for ensuring the accuracy of blood and urine testing for the District’s impaired driving program. The CME may test or authorize the testing of specimens, as defined by § 50-1901(18), for the purposes of determining if specimens contain alcohol or a drug.

(b) Until October 1, 2012, and after October 1, 2012 if authorized under § 5-1501.07(d), the CME 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 CME to be accurate. Certification of the accuracy of each breath test instrument must occur at least once every 180 days.

(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.

(Oct. 19, 2000, D.C. Law 13-172, § 2918b; as added Apr. 27, 2013, D.C. Law 19-266, § 202, 59 DCR 12957; Apr. 20, 2013, D.C. Law 19-260, § 2, 60 DCR 1292.)

Effect of Amendments

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

The 2013 amendment by D.C. Law 19-266 added this section.

Emergency Legislation

For temporary (90 days) addition of this section, see § 202 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 (90 days) addition of this section, see § 202 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).

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.