Section I Breath Alcohol Analysis
Analyses shall be performed using the methods of gas
chromatography or infrared spectrophotometry. In using either method the
following specifications must be met:
1. Sampling equipment shall be capable of
collecting a sample of expired alveolar air. When such sample is collected
using a crimper device, it shall be stable for at least sixty (60) days and
shall be of sufficient quantity as to make available a portion for independent
analysis.
2. Analytical
instrumentation shall be capable of analyzing replicate samples of breath
containing a known amount of alcohol with a precision of plus or minus 5% from
their mean when alcohol concentrations are reported to three significant
figures.
3. Analytical
instrumentation shall be capable of determining the blood or breath alcohol
concentration of the person sampled with an accuracy of plus or minus 10%. The
calculation of an equivalent blood alcohol concentration from the result of a
breath alcohol analysis shall be based on a blood to breath alcohol
concentration ratio of 2100:1.
4.
Instrumentation shall be capable of determining the breath alcohol
concentration of the person sampled within plus or minus 10% where the
concentration is expressed as weight percent alcohol per 210 liters of expired
air.
5. The analytical
instrumentation shall be capable of detecting the presence of potentially
interfering compounds which may be present in breath and which may otherwise
interfere with accurate determination of an equivalent blood or breath alcohol
concentration.
6. The analytical
instrumentation and procedures used for analysis of breath alcohol content for
evidentiary purposes shall be approved by the Commissioner of Health.
Section II Blood Alcohol Analysis
Analyses shall be performed using the method of gas
chromatography. The following specifications must be met:
1. Samples shall be submitted in such a way
as to provide two containers containing at least 5 ml of blood each. The sample
containers shall include a suitable preservative which will not interfere with
analysis of alcohol and which will render the alcohol concentration of the
sample stable for at least sixty (60) days. The sample container shall provide
a means to ensure sample security and shall be acceptable to the Vermont
Department of Health Laboratory Director.
2. Analytical instrumentation shall be
capable of analyzing duplicate portions of a blood sample with a precision of
plus or minus 5% from their mean when alcohol concentrations are reported to
three significant figures.
3. The
instrumentation shall be capable of determining the alcohol concentration of a
reference sample of known concentration with an accuracy of plus or minus
10%.
4. Analytical instrumentation
and analytical procedures shall be approved by the Commissioner of Health and
shall be capable of detecting the presence of potentially interfering compounds
which may be present in blood and which may otherwise interfere with accurate
determination of blood alcohol concentration.
Section III Preliminary Alcohol Screening
Any preliminary alcohol screening device used by law
enforcement officers in enforcing the provisions of Title 23 of the Vermont
Statutes Annotated must conform to the National Highway Traffic Safety
Administration (NHTSA) Model Specifications for Evidential Breath Testing
Devices. The latest specifications appear at 58 Federal Register 48705-48710.
The device used must be on the NHTSA Conforming Products List for instruments
that meet such model specifications. The latest list appears at 61 Federal
Register 3078-3081. All such instruments must be operated, maintained, and used
in accordance with manufacturer specifications and instructions.
23 V.S.A.
ยง
1203(i)
