(a) Procedures for breath alcohol testing shall meet the following standards:
(1) For each person tested, breath alcohol testing shall include analysis of 2 separate breath samples which result in determinations of breath alcohol concentrations which do not differ from each other by more than 0.02 grams per 210 liters of breath.
(2) The instruments shall be checked for accuracy with reference samples which are known water solutions or dry-gasses of alcohol.
(A) Such determination of accuracy shall consist, at a minimum, of periodic analysis of a reference sample of known alcohol concentration within accuracy and precision limits of plus or minus 0.010 grams % of the true value; these limits shall be applied to alcohol water concentrations and/or dry-gas reference samples of alcohol from 0.08 to 0.30 grams %. The reference sample shall be provided by a forensic alcohol laboratory.
(i) Such analysis shall be performed automatically on applicable instruments, or manually by an operator as defined in Section 1221.2(a)(5), and the results shall be used by a forensic alcohol analyst to determine if the instrument continues to meet the accuracy set forth in Section 1221.2(a)(2)(A).
(B) For the purposes of such determinations of accuracy, “periodic” means either a period of time not exceeding 10 days or following the testing of every 150 subjects, whichever comes sooner.
(3) Breath alcohol testing shall be performed using procedures for which the operators have received training, such training to include at minimum the following schedule of subjects:
(A) Theory of operation:
(i) Value and purpose of forensic alcohol testing;
(ii) General processes of absorption, distribution, and elimination of alcohol;
(iii) Theory of breath alcohol analysis;
(iv) Discussion of the required 15 minute wait period; and
(v) Methods of breath alcohol testing.
(B) Detailed procedure of operation:
(i) Procedures of analysis for the specific breath alcohol testing instrument used by the agency.
(C) Precautionary checklist:
(i) The Precautionary Checklist shall be incorporated into the testing process.
(D) Practical experience:
(i) Each instrument screen prompt shall be discussed and reviewed by the instructor.
(ii) The operation of the breath instrument shall be demonstrated by the instructor.
(iii) The instructor shall observe the trainee(s) perform a successful test on the instrument.
(E) Written Examination;
(i) At the completion of the training session, each breath instrument operator trainee will be required to successfully complete a written examination and to achieve a passing score of a minimum of 80%.
(F) Upon successful completion of the training session and successful completion of both the written and practical examinations, the trainee will be issued a certificate by the laboratory. The certificate will indicate the operator's name, ID/Badge #, agency, and include the instructor's name.
(4) Training curriculum in the procedures of breath alcohol testing shall be developed by a forensic alcohol analyst. Department notification of the proposed curriculum will follow section 1218.
(A) The instructors will be, at minimum, certified breath instrument operators with 2 years of practical experience or a forensic alcohol analyst who has successfully completed the breath instrument training and has at least 6 months of practical experience with the instrument. Training in the Theory of Operation, pursuant to 1221.2(a)(3), shall be conducted by a forensic alcohol analyst.
(B) The breath instrument operator trainees will receive, at a minimum, 4 hours of instructional training by a certified breath instrument operator.
(C) If a breath instrument operator trainee has already undergone training to operate an approved breath testing instrument, the trainee may receive instruction as above excluding the portion covering 1221.2(a)(3)(A).
(5) An operator shall be a forensic alcohol analyst or a person who has completed successfully the training described under sections 1221.2(a)(3) and 1221.2(a)(4), and who may be called upon to operate a breath testing instrument in the performance of his or her duties.
(6) Records shall be kept for each instrument to show the frequency of determination of accuracy and the identity of any person performing a manual determination of accuracy.
(A) Records shall be kept for each instrument at a forensic alcohol laboratory showing compliance with this Section.
(b) A precautionary checklist shall be available for consultation at each instrument location.
Note: Authority cited: Section 100703, Health and Safety Code. Reference: Section 100700, Health and Safety Code.
1. Repealer of subsection (b) and relettering of (c), (d), (e), (f) and (g) to (b), (c), (d), (e) and (f) filed 4-7-71; effective thirtieth day thereafter (Register 71, No. 15).
3. Amendment filed 12-20-85 as an emergency; effective upon filing (Register 85, No. 52). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-21-86.
4. Certificate of Compliance transmitted to OAL 4-8-86 and filed 5-8-86 (Register 86, No. 19).
5. Repealer of former section 1221.2 and renumbering of former section 1221.4 to new section 1221.2, including amendment of section and new Note, filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).
This database is current through 11/24/23 Register 2023, No. 47.