Article 2 - Implied Consent and Tests
28-1322 - Preliminary breath tests; rules on approval of devices

A. A law enforcement officer who has reasonable suspicion to believe that a person has committed a violation of section 28-1381 or 28-1382 may request that the person submit to a preliminary breath test or tests before an arrest.

B. In addition to a breath test or tests, the officer may require that the person submit to further testing pursuant to section 28-1321.

C. The director of the department of health services shall adopt rules prescribing the approval of quantitative preliminary breath testing devices.

Article 2 - Implied Consent and Tests
28-1323 - Admissibility of breath test or other records

A. The results of a breath test administered for the purpose of determining a person's alcohol concentration are admissible as evidence in any trial, action or proceeding on establishing the following foundational requirements: 1. The test was performed using a quantitative breath testing device approved by the department of health services. A properly authenticated certification by the department of health services or judicial notice of department of health services rules is sufficient to establish this requirement.

2. The operator who conducted the test possessed a valid permit issued by the department of health services to operate the device used to conduct the test.

3. Duplicate tests were administered and the test results were within 0.02 alcohol concentration of each other or an operator observed the person charged with the violation for twenty minutes immediately preceding the administration of the test.