Crime lab report proved blood alcohol test properly administered.
Docket Number: 913635 , Decision Date: January 29, 2009
Attachment: Click here to download the decision.
For the purposes of a license suspension hearing, an arresting officer need only submit a copy of the crime lab report to prove that a blood alcohol test was properly administered by an individual possessing a valid permit on an instrument in good working order. The license suspension hearing statute does not require an officer to prove the qualifications of the person who drew Petitioner’s blood. If the Legislature had intended to require such evidence, it could have specifically delineated that requirement in the statutory list of factors.