Utah Admin. Code R714-501-4 - Proper Use of Portable Breath Testing

(1) A peace officer shall:

(a) complete training provided by the law enforcement agency with which they are employed on the proper use of a portable breath testing instrument before use of a portable breath testing instrument in connection with any type of investigation, including a DUI or drug related arrest; and

(b) ensure that the use of portable breath testing instrument:

(i) complies with this rule and

(ii) is consistent with manufacturer and industry standards.

(2) A portable breath test:

(a) shall only be conducted:

(i) after the standardized field sobriety tests have been administered if administered in connection with a DUI investigation; and

(ii) when there is evidence of impairment based on the totality of the circumstances; and

(b) may not be the primary factor upon which a decision to arrest is made.

(3) Portable breath testing:

(a) is voluntary for the subject of the investigation; and

(b) may be refused by the subject of the investigation.

(4) When administering a portable breath test, a peace officer shall:

(a) ensure that the sample obtained is valid and free of potential tampering; and

(b) conduct the test with the cooperation of the subject of the investigation.

(5) A portable breath testing instrument shall provide the peace officer with a test result that reflects the breath alcohol concentration of the subject of the investigation.

(6) The results of a portable breath test shall be documented and included in the peace officer's report through inclusion of a handwritten positive, negative, or actual test result.

(7) In instances where a portable breath test is administered, a peace officer should obtain a follow-up test, such as an intoxylizer test or a blood draw, for evidentiary purposes.

Notes

Utah Admin. Code R714-501-4

Adopted by Utah State Bulletin Number 2025-01, effective 12/23/2024