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NCJ Number: 222514 Find in a Library
Title: What Requirements Should Evidential Breath Analysis Fulfil?
Journal: Problems of Forensic Sciences  Volume:54  Dated:2003  Pages:148-166
Author(s): Dariusz Zuba
Date Published: 2003
Page Count: 19
Type: Report (Study/Research)
Format: Article
Language: English; Polish
Country: Poland
Annotation: In this paper, Polish legal regulations that came into force in 2003 relating to the study of evidential breath analyzers have been analyzed and compared to recommendations of international organizations that deal with metrology.
Abstract: The objective of the modifications in the legislation concerning the testing of the expired air analyzers was unification of the Polish law with regulations of the European Union. Unfortunately, in the content of the decree of the Minister of the Economy, Labor and Social Policy defining requirements that should be fulfilled by evidential breath analyzers, a lot of studies that are of importance for correct interpretation of results were neglected. In May 2003, on the basis of Article 9 Point 3 of the Measurement Law, the decree of the Minister of the Economy, Labor, and Social Policy of 2 April 2003 came into force concerning metrological requirements that should be fulfilled by breath analyzers. The metrological regulations, legally binding in most of the European countries, are based on the R126 “Evidential breath analyzers”, issued in 1998. Here it admitted the possibility of modification of examinations recommended by the national legislation and it was the Institute of Forensic Research that concluded that the decree should take into account the fact that Polish legal regulations concerning acceptable levels of alcohol in exhaled air differ from regulations that are legally binding in most European countries. This paper examines the current state of the law concerning the examination of exhaled air analyzers, compares Polish metrological regulations with recommendations of international organizations, and presents recommended examinations of evidential breath analyzers. References
Main Term(s): Alcohol consumption analysis
Index Term(s): Evidence identification; Foreign laws; Law reform; Legislative impact; Legislative issues; Poland
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