Michigan Administrative Code › Department - State Police › Traffic Safety Division › Tests for Breath Alcohol › Section R. 325.2655 - Techniques and procedures - evidential breath test instruments

Current through Vol. 24-12, July 15, 2024
Rule 5. A procedure that is used in conjunction with
				  evidential breath alcohol analysis must be approved by the department and
				  comply with the following requirements:
(a) Except as provided otherwise in these
				rules, evidential breath alcohol test instruments must be operated by
				appropriate class operators who are certified in accordance with
				R 325.2658.
(b) All analyses must be conducted following
				procedures approved by the department and using forms approved by the
				department, as required.
(c)
				Records of operation, analyses, and results must be maintained at the
				evidential breath alcohol test instrument location as prescribed by the
				department, and copies must be forwarded to the department as
				required.
(d) The department shall
				test samples from each lot of alcohol standards used in this state, in
				conjunction with evidential breath alcohol test instruments. The department
				shall certify for use those lots of alcohol standards that are found to be
				proper in chemical composition.
(e)
				An individual shall be administered an evidential breath alcohol analysis on an
				evidential breath alcohol test instrument only after being observed for not
				less than 15 minutes before collection of the breath sample by at least 1
				appropriate class operator that is certified in accordance with
				R 325.2658. The observation period
				may be conducted by more than 1 operator working in concert. During the
				observation period, the individual shall not have smoked, regurgitated, or
				placed anything in his or her mouth, except for the mouthpiece associated with
				the performance of the evidential breath alcohol analysis. The operator need
				not stare continuously at the individual, but shall be close enough to be aware
				of the individual's actions and conditions. The operator may complete
				paperwork, enter data into the evidential breath alcohol test instrument, or
				conduct other reasonable tasks during the observation period, if the individual
				is within the operator's field of vision. Breaks in the observation period
				lasting only a few seconds do not invalidate the observation if the operator
				can reasonably determine that the individual did not smoke, regurgitate, or
				place anything in his or her mouth during the breaks in the
				observation.
(f) The operator shall
				request a second evidential breath sample from the subject after the first
				sample is provided and analyzed by the instrument, unless an item or a
				substance is found in the subject's mouth after the first evidential breath
				sample analysis that could interfere with the result. Obtaining the first
				breath sample result is sufficient to meet the requirements for evidentiary
				purposes prescribed in section
				625 c of the Michigan vehicle
				code, 1949 PA 300, MCL
				257.625c. The purpose of
				obtaining a second breath sample result is to confirm the result of the first
				breath sample result.
(g) For
				instruments reporting 2 digits after the decimal, a second breath sample result
				must not vary from the first breath sample result by more than the allowable
				variation listed in Table 1. Tables 1 and 2 read as follows:
Table 1
Allowable variation of second breath result range from the
				  first sample result.
First Sample
Allowable variation
0.00 - 0.14
+/- 0.01
0.15 - 0.24
+/- 0.02
0.25 - 0.34
+/- 0.03
0.35 - or more
+/- 0.04
For instruments reporting 3 digits after the decimal, the
				  second breath sample result must not vary from the first sample result by more
				  than the allowed variation listed in Table 2.
Table 2
Allowable variation of second breath sample result from the
				  first breath sample result.
First Sample
Allowable Variation
0.000 - 0.149
+/- 0.010
0.150 - 0.249
+/- 0.020
0.250 - 0.349
+/- 0.030
0.350 or more
+/- 0.040
(h)
				If the variation is more than allowed in either table under subdivision (g) of
				this rule, the operator shall request a third breath sample from the subject
				and a third breath sample result may be obtained. If the third breath sample
				result does not conform to the allowable variations of either of the first 2
				tests based on the allowable variation listed in either table under subdivision
				(g) of this rule, the subject shall be requested to submit a blood or urine
				sample for analysis in accordance with the acts and the procedures established
				in R 325.2671 to
				R 325.2677.
(i) The results of an evidential breath
				alcohol analysis of a subject's breath must be expressed in terms of grams of
				alcohol per 210 liters of breath, truncated to the second decimal place or
				expressed to 3 decimals if the instrument is programed to do so.
(j) If the instrument analyzes a known
				ethanol standard during a subject's breath test, the results of that analysis
				must be no lower than 0.074 g/210L and no higher than 0.084 g/210L of the
				nominal value of the standard. If the analysis is not within the prescribed
				standard the instrument must abort the test indicating the ethanol standard was
				not within the required range. The operator may attempt additional
				tests.