Iowa Admin. Code r. 661-157.2 - Evidentiary breath testing
(1) A
breath testing device is a device designed and constructed to measure a
subject's breath alcohol concentration by utilizing a sample of the subject's
breath.
(2) A peace officer
desiring to perform testing of a subject's breath for the purpose of
determining the alcohol concentration shall employ, or cause to be used, a
breath testing device of a type meeting the minimum performance requirements
established in Highway Safety Programs; Model Specifications for Devices to
Measure Breath Alcohol, Federal Register, Volume 58, No. 179 (September 17,
1993), pp. 48705-48708. All devices so used must be certified to be in proper
working order at least once per calendar year according to procedures specified
for that device. The interval between certifications shall not be more than 450
days.
(3) The division of criminal
investigation criminalistics laboratory shall maintain a list of devices
approved by the commissioner of public safety for collection of breath samples
for evidentiary purposes. The current list shall be available upon request to
the Division of Criminal Investigation Criminalistics Laboratory at 2240 South
Ankeny Boulevard, Ankeny, Iowa 50023, or on the website of the department of
public safety.
(4) The operator of
an evidentiary breath testing device shall have been certified as competent in
the operation of the breath testing device and shall proceed in accordance with
the instructions included in an operating manual furnished by the division of
criminal investigation criminalistics laboratory. An operating manual, with
number and date, specific to a particular approved device and prepared by the
division of criminal investigation criminalistics laboratory shall be available
to operators using the device. The current version of the operating manual for
each device currently approved for use in Iowa may be obtained by contacting
the Division of Criminal Investigation Criminalistics Laboratory at 2240 South
Ankeny Boulevard, Ankeny, Iowa 50023, or from the department's
website.
(5) All certifications of
evidentiary breath testing devices shall be made by the division of criminal
investigation criminalistics laboratory. All certifications of operators shall
be made by the division of criminal investigation criminalistics laboratory or
a designee. A designee shall be a person trained and certified by the division
of criminal investigation criminalistics laboratory.
Notes
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