W. Va. Code R. § 64-10-7 - Breath Analysis; Secondary Breath Test; Standards; Accuracy Inspection Tests; Methods

7.1. Instrument Standards - Instruments for breath alcohol analysis shall meet the following standards:

7.1.1. The designated instrument and any related accessories shall be capable of the collection and the analysis of breath specimens which approach alveolar composition;

7.1.2. The designated instrument shall be capable of analyzing a blank sample and of analyzing a suitable reference standard;

7.1.3. The designated instrument shall be capable of the analysis of a reference standard within accuracy and precision limits of plus or minus 0.01 grams percent W/V or higher;

7.1.4. The designated instrument shall be capable, in a controlled experiment, of alcohol breath analysis which results in a determination of a person's blood alcohol concentration which has a correlation with his or her actual blood alcohol concentration as measured on a blood sample taken at approximately the same time as the breath sample;

7.1.5. The instrument shall be capable of alcohol breath analysis which results in a concentration less than 0.01 grams of alcohol per 210 liters of breath when alcohol-free persons are tested; and

7.1.6. Any model of instrument used for the purpose of secondary breath analysis shall be approved in writing by the Bureau. The instrument shall meet or exceed the standards contained in this subsection.

7.2. Methods - The following general methods apply in extracting breath for secondary breath analysis:

7.2.1. The law enforcement officer shall keep the person being tested under constant observation for a period of twenty minutes before the test is administered to ensure that the person has nothing in his or her mouth at the time of the test and that he or she has had no food or drink or foreign matter in his or her mouth during the observation period.

7.2.2. The certified instrument officer conducting the alcohol breath analysis shall perform the evidential test sequence to ensure that the instrument is in proper working condition at the time the person's alcohol breath analysis test is being conducted.

7.2.3. The alcohol breath analysis shall be administered by a certified instrument operator and in accordance with this rule.

7.2.4. The certified instrument operator conducting the secondary alcohol breath analysis shall use an individual disposable mouthpiece for each person tested.

Notes

W. Va. Code R. § 64-10-7