2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 76 - Operation of Motorboats While Intoxicated
§ 5-76-105 - Chemical analysis.

5-76-105. Chemical analysis.

(a) (1) Any instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat while intoxicated or with an alcohol concentration of eight-hundredths (0.08) or more shall be so constructed that the analysis is made automatically when a sample of the person's breath is placed in the instrument and without any adjustment or other action of the person administering the analysis, and the instrument shall be so constructed that the alcohol content is shown by visible digital display on the instrument and on an automatic readout.

(2) The instrument performing the chemical analysis shall have been certified at least one (1) time in the last three (3) months preceding arrest, and the operator of the instrument shall have been properly trained and certified.

(3) Any breath analysis made by or through the use of an instrument that does not conform to the requirements prescribed in this subsection is inadmissible in any criminal or civil proceeding.

(b) (1) Nothing in this section is deemed to abrogate a defendant's right of cross-examination of the person who performs the calibration test or check on the instrument, the operator of the instrument, or a representative of the Office of Alcohol Testing of the Division of Health of the Department of Health and Human Services.

(2) The testimony of the appropriate analyst or official may be compelled by a subpoena given ten (10) days prior to the date of hearing or trial, in which case, the records and reports are admissible through the analyst or official, who is subject to cross-examination by the defendant or his or her counsel.