Q In the event an officer is not certified to give the Breathalyzer test, can he validly give the test anyway if he does not have the certification? Are the test results usable?

A No. He may not administer the test unless he meets the requirements of Section 63-11-5(1) which provides in part: “No such test shall be administered by any person who has not met all the requirements of the appropriate course of study prescribed by the Board on Law Enforcement Officers Standards and Training; provided, however, that sheriffs and elected chiefs of police shall be exempt from this education and training requirement.” Whether any particular piece of evidence is admissible is a question in each instance for the court. (Attorney General’s Opinion to Barton dated June 16, 2010)