West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-10 - Methods and Standards for Chemical Tests for Intoxication › Section 64-10-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Agency means a
				law enforcement agency in the state engaging in breath, blood, and/or urine
				alcohol testing.
3.2. Alcohol means
				ethyl alcohol and may include methyl alcohol and isopropyl alcohol.
3.3. Alcohol breath analysis means chemical
				testing of a sample of a person's expired breath, using a breath test
				instrument designed for that purpose, in order to determine the concentration
				of alcohol in the person's blood.
3.4 Alveolar composition means deep lung air
				or end-expiratory breath.
3.5
				Bureau means the West Virginia Bureau for Public Health.
3.6 Calibrating unit means a device designed
				to produce a predictable alcohol concentration reading on a breath alcohol test
				instrument.
3.7 Certified
				instrument operator means a person who has successfully completed a specialized
				training program and has been certified by the Bureau to perform breath alcohol
				testing using instruments approved for that purpose.
3.8 Chemical Test or Testing means an
				analysis performed on a biological material, including, but not limited to
				breath, blood, or urine, to determine the identity or concentration, or both,
				of particular constituents such as alcohol or controlled substances. Test
				procedures may rely on one or more physical or chemical properties of the
				constituents and use instrumental or chemical analysis techniques to accomplish
				the determination.
3.9 Commissioner
				means the commissioner of the West Virginia Bureau for Public Health or his or
				her lawful designee.
3.10 Dry gas
				standard means a sealed pressurized sample of gas that contains a predictable
				alcohol concentration that can be used to verify the accuracy of breath test
				instruments.
3.11 Evidential test
				sequence means one adequate blank analysis, one adequate reference standard
				analysis, one adequate blank analysis, one adequate breath sample analysis, one
				adequate blank analysis, a second adequate reference standard analysis, and one
				adequate blank analysis.
3.12
				Instrument means an item or combination of items of equipment designed to make
				a measurement of alcohol concentration.
3.13 Instrument blank analysis means a test
				of an ambient air sample to ensure that the instrument produces a zero
				result.
3.14 Lot means an entire
				quantity batch of a reference standard.
3.15 Qualitative breath alcohol analysis
				means a test of a person's breath, the results of which indicate the presence
				or absence of alcohol.
3.16
				Quantitative breath alcohol analysis means a chemical test of a person's breath
				that yields a specific result in grams of alcohol per 210 liters of
				breath.
3.17 Reference standard
				means an aqueous ethanol solution compounded for use in a calibrating unit
				which, when equilibrated with air yields a predictable alcohol concentration or
				a sealed pressurized sample of gas that contains a predictable alcohol
				concentration that can be used to inspect or verify the accuracy of breath test
				instruments.
3.18 Secondary breath
				analysis means an evidentiary chemical test of a person's breath to determine
				the presence and/or concentration of alcohol.
3.19 Simulator Solution means an aqueous
				standard ethanol solution which, when equilibrated with air in a breath
				simulator instrument produces an air-alcohol mixture of a predictable
				concentration (i.e., 0.02-0.20 grams W/V) that can be used to inspect or verify
				the accuracy of breath test instruments.
3.20 Simulator Test means the testing of a
				sample of simulator solution vapor, using a breath test instrument in order to
				verify the accuracy of the breath test instrument.
3.21 W/V means weight divided by
				volume.