W. Va. Code R. § 64-10-6 - Designation of Secondary Test; Compliance with Methods and Standards Required; Certification of Law Enforcement Officers Required

6.1. Each law enforcement agency shall designate a type of test, either breath or blood for the purpose of administering a secondary alcohol breath analysis incidental to lawful arrest for the offense of driving a motor vehicle in this state while under the influence of alcohol. The designation of the alcohol breath analysis shall be filed with the Bureau on a form provided by the Bureau available at https://dhhr.wv.gov/ols/regulatory/Documents/Designation%20of%20Instrument%20Device%20for%20Secondary%20Testing%2064-10.pdf.

6.2. Each law enforcement agency shall comply with the methods and the standards established by this rule.

6.3. The Bureau shall maintain a registry of approved alcohol breath analysis instruments inclusive of methods and standards for the proper conduct of the alcohol breath analysis.

6.4. Secondary alcohol breath analysis designations in effect at the time this rule becomes effective shall continue in effect.

6.5. Each law enforcement officer administering a secondary alcohol breath analysis shall be a certified instrument operator.

6.6. The Bureau shall certify each operator properly trained in the procedures of operation and shall issue a certificate to each trained individual.

6.7. As a minimum training requirement each law enforcement officer shall complete the Basic Training Program for Breath Examiner Specialist Course as prescribed by the United States Department of Transportation or an equivalent course prior to certification. This course shall consist of classroom and laboratory training including review sessions and examinations.

6.8 Certifications of law enforcement officers in effect at the time this rule becomes effective continue in effect.

Notes

W. Va. Code R. § 64-10-6