Section 311.06. Approved techniques and methods of performing chemical analysis of the breath.

 

(1)  Only methods approved by the department may be used to perform quantitative breath alcohol analysis.

(2)  Techniques used in performing quantitative breath alcohol analysis shall be those which are designed to assure accuracy, detect malfunctions and to safeguard personnel and equipment.

(3)  Procedures for quantitative breath alcohol analysis shall include the following controls in conjunction with the testing of each subject:

(a) Observation by a law enforcement person or combination of law enforcement persons, of the test subject for a minimum of 20 minutes prior to the collection of a breath specimen, during which time the test subject did not ingest alcohol, regurgitate, vomit or smoke.

(b) Instrument blank analysis.

(c) An analysis utilizing a calibrating unit, the results of which analysis shall fall within 0.01 grams of alcohol per 210 liters of gas of the established reference value.

(d) Consecutive breath alcohol analysis results in a test sequence within .02 grams of alcohol per 210 liters of breath shall be deemed to be an acceptable agreement. Breath sample analysis failing to meet this criteria shall be deemed deficient.

(e) If the first test sequence is deficient, a second test sequence shall be administered.

(4)  The results of an analysis of breath for alcohol shall be expressed in grams of alcohol per 210 liters of breath.

(5)  Methods and techniques used in performing qualitative breath alcohol analysis shall be approved by the department.

History: Cr. Register, July, 1985, No. 355 , eff. 8-1-85; emerg. r. and recr. (3) (b), cr. (3) (d) and (e), renum. (4) and (5) to be (5) and (4), eff. 1-1-88; r. and recr. (3) (b), cr. (3) (d) and (e), renum. (4) and (5) to be (5) and (4), Register, April, 1988, No. 388 , eff. 5-1-88; am. Register, January, 1993, No. 445 , eff. 2-1-93.