Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.213 - FIELD CERTIFICATION OF BREATH ANALYSIS INSTRUMENTS AND ASSOCIATED EQUIPMENT

Current through Register Vol. 13, July 5, 2024
(1) Breath analysis
				instruments shall be field certified for accuracy at least once every 31 days
				by a senior operator using an ethyl alcohol water standard or an ethyl alcohol
				gas standard which has been approved by the division and using the field
				certification report form for the breath analysis instrument being certified.
(a) A field certification shall consist of a
				series of no less than two analyses obtained using an approved alcohol
				standard.
(b) A field certification
				is valid when the results of the approved standard are at plus or minus 10% of
				target value. The results of the field certification shall be reported to the
				third decimal (0.000) and recorded on the field certification report form. If a
				test record card or tape is used, it shall be affixed to the field
				certification report which is to be kept at the testing location, and a copy of
				the field certification report will be prepared for the division. All field
				certification reports will be sent to the division on a monthly
				basis.
(c) The approved ethyl
				alcohol water standard will not be used for longer than three months after its
				first date of use. The ethyl alcohol gas standard will not be used beyond the
				expiration date listed on the standard.
(d) Results of a field certification analysis
				outside the range specified in this rule shall be confirmed by the senior
				operator. If the test results are still out of the specified range, the breath
				analysis instrument will be removed from service and the division shall be
				notified.
(e) A field certification
				shall be performed whenever a new breath analysis instrument is placed in
				service or when a breath analysis instrument is returned to service. In
				addition, whenever a breath analysis instrument is placed in a mobile service
				capacity, a field certification shall be done prior to mobile use and again at
				the end of mobile use. The field certification results must be on file at the
				testing location before the breath analysis instrument can be used for subject
				testing.
(f) After each use, the
				ethyl alcohol water standard shall be stored in a closed container and placed
				in a cool dark area. This storage requirement does not apply to the ethyl
				alcohol gas standard.
(g) The field
				certification report form and results will be kept on file at the testing
				location. The division will receive copies of all field certification report
				forms along with copies of all breath analysis report forms. All reports will
				be sent to the division on a monthly basis.
(h) Failure to file a copy of the report with
				the division does not invalidate the field certification, or any subject
				analysis performed at that location, if the report is on file at the testing
				location.
(i) A field certification
				prior to any subject test, and either calibration checks with approved alcohol
				standards performed during the subject test or a field certification following
				a subject test, shall create the inference that the breath analysis instrument
				was in proper working order at the time of the subject test.
(j) A breath analysis instrument's field
				certification shall be considered valid for 31 days forward from the date of a
				proper field certification.