Cal. Code Regs. Tit. 17, § 1221.2 - Standards of Procedure
(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.
Notes
2. Amendment filed 11-24-75; effective thirtieth
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
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).
Note: Authority cited: Section 100703, Health and Safety Code. Reference: Section 100700, Health and Safety Code.
2. Amendment filed 11-24-75; effective thirtieth
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
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
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