10 CRR-NY 59.2NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
SUBCHAPTER D. LABORATORIES
PART 59. CHEMICAL ANALYSES OF BLOOD, URINE, BREATH OR SALIVA FOR ALCOHOLIC CONTENT
10 CRR-NY 59.2
10 CRR-NY 59.2
59.2 Techniques and methods for determining blood and urine alcohol.
(a) All blood and urine alcohol determinations shall be made by quantitative methods and reported as whole blood alcohol concentration (BAC) to the second decimal place as found; for example, 0.137 percent found shall be reported as 0.13 percent weight per volume. If specimens other than whole blood are analyzed, the following conversions shall apply:
(1) three fourths of the determined concentration of alcohol in the urine shall be equivalent to the corresponding BAC; and
(2) nine tenths of the determined concentration of alcohol in the serum or plasma shall be equivalent to the corresponding BAC.
(b) Analytical procedures for blood and urine alcohol analysis shall include the following controls in conjunction with any sample or series of 10 samples analyzed sequentially or simultaneously:
(1) a blank analysis as appropriate; and
(2) analysis of a suitable reference sample of known alcoholic content greater than or equal to 0.08 percent weight per volume, the result of which analysis shall agree with the reference sample value within the limits of plus or minus 0.01 percent weight per volume or such limits as specified by the commissioner.
(c) An analysis of urine shall be made upon two specimens collected at least 30 minutes apart.
(d) If a blood specimen is to be collected for analysis, an aqueous solution of a nonvolatile antiseptic shall be used on the skin. Alcohol or phenol shall not be used as a skin antiseptic.
(e) Specimens shall be clearly identified at the time of collection.
CROSS REFERENCES:
Arrest and testing, Vehicle and Traffic Law § 1194.
RESEARCH REFERENCES AND PRACTICE AIDS:
35 C-W2d, Criminal Procedure § 172:2567.
34 C-W2d, Criminal Procedure § 172:2380.
31 C-W2d, Criminal Procedure §§ 172:525, 172:527.
7A Am Jur 2d, Automobile and Highway Traffic §§ 305---307, 377---380.
8 Am Jur 2d, Automobiles and Other Vehicles §§ 509---518.
19 Am Jur Trials 123, Defense on Charge of Driving While Intoxicated.
4 Am Jur Trials 615, The Impaired Driver: Ascertaining Physical Condition.
4 Am Jur Proof of Facts 3d 439, Unreliability of Horizontal Gaze Nystagmus Test.
4 Am Jur Proof of Facts 3d 229, Proof and Disproof of Alcohol-Induced Driving Impairment Through Breath Alcohol Testing.
17 Am Jur Proof of Facts 2d 1, Defense to Charge of Driving Under the Influence of Alcohol.
16 Am Jur Proof of Facts 569, Alcoholism.
6 Am Jur Proof of Facts 465, Intoxication.
2 Am Jur Proof of Facts 585, Blood Tests.
10 CRR-NY 59.2
Current through January 20, 2018
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