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4. The operator who conducted the test followed an operational checklist approved by the department of health services for the operation of the device used to conduct the test. The testimony of the operator is sufficient to establish this requirement.

5. The device used to conduct the test was in proper operating condition. Records of periodic maintenance that show that the device was in proper operating condition at a time before and after the test are admissible in any proceeding as prima facie evidence that the device was in proper operating condition at the time of the test. The records are public records.

B. Compliance with subsection A of this section is the only requirement for the admission in evidence of a breath test result.

C. Records that may be obtained or that are otherwise maintained pursuant to section 28-1327 are admissible as evidence in any trial, action or proceeding.

Your Tucson DUI defense lawyer wants you to be well informed. We are providing the Arizona Code (excerpts of the actual Arizona DUI law) to keep you informed of your rights and responsibilities.

Note: These excerpts are for informational purposes only. Please consult your Tucson DUI defense lawyer for legal advice if you are facing issues with the DUI law in Arizona.

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Trezza & Thrush
4011 E. Broadway, Suite 101, Tucson, Arizona 85711
Phone: 520.327.3442 / Fax: 520.327.0125
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