W. Va. Code R. § 64-10-5 - Breath Analysis; Preliminary Breath Test; Standards and Methods

5.1. The use of the approved instrument shall adhere to the manufacturer's specifications for operation and shall include any maintenance specified by the manufacturer.

5.2. The following general methods apply in extracting breath for preliminary breath analysis:

5.2.1. The preliminary alcohol breath analysis shall be administered after the law enforcement officer has a reasonable belief that the person has been driving while under the influence of alcohol. The law enforcement officer shall prohibit the person from drinking alcohol or smoking for at least fifteen minutes before conducting the test.

5.2.2. If the testing instrument requires contact with the mouth of the tested person, the law enforcement officer conducting the preliminary alcohol breath analysis shall use an individual disposable mouthpiece for each person tested.

5.2.3. The preliminary alcohol breath analysis may be administered by a law enforcement officer who is a certified instrument officer and who has additional training, theory, and practical exercise recommended by the manufacturer.

5.3. The results of a preliminary alcohol breath analysis shall be used for the purpose of guiding the officer in deciding whether an arrest should be made and to determine if alcohol is a contributing cause for impairment.

Notes

W. Va. Code R. § 64-10-5