Alabama Administrative Code
Title 370 - Alabama Department of Forensic Sciences
Chapter 370-1-1 - CHEMICAL TEST FOR INTOXICATION
Section 370-1-1-.01 - Admissibility Rule For The Evidential Breath Alcohol Test Method

(i) PERMIT NO. (NUMBER): The operator must enter and confirm his/her unique Draeger permit number.

(ii) <1> DUI <2> ADMIN <3> DEMO: The operator must select the type of testing routine to be administered to the subj ect.

(iii) ENTER DRY GAS STND (STANDARD) #1 PRESSURE: The operator must observe and record the pressure from the gas regulator gauge on dry gas standard #1 (0.020 g/210L ethanol standard). It should be noted that the gas pressure has no bearing on the analytical result obtained from the DUI testing routine.

(iv) ENTER DRY GAS STND (STANDARD) #2 PRESSURE: The operator must observe and record the pressure from the gas regulator gauge on dry gas standard #2 (0.080 g/210L ethanol standard). It should be noted that the gas pressure has no bearing on the analytical result obtained from the DUI testing routine.

(v) 20 MIN (MINUTE) DEPRIVATION PERIOD: The operator must confirm that the subject has been under the control of the arresting officer, the operator, and/or other employee of a law enforcement agency for a minimum of 20 minutes. Enter "Y" for yes or "N" for no.

(vi) ARREST OFFICER SAME AS OPERATOR: The operator must designate whether the breath test operator is or is not the arresting officer. Enter "Y" for yes or "N" for no. If the arresting officer is not the breath test operator then the following information identifying the arresting officer will also be required.

(vii) TIME OF OFFENSE: The operator must enter the date and time of the offense using the following format <MM/DD/YYYY_HH:MM>.

(viii) COUNTY OF OFFENSE: The operator must enter the county in which the offense occurred.

(ix) SUBJECT'S UTC (UNIFORM TRAFFIC COMPLAINT NUMBER): The operator must enter the subject's Uniform Traffic Complaint number.

(x) SUBJECT LAST NAME: The operator must enter the subject's last name.

(xi) SUBJECT FIRST NAME: The operator must enter the subject's first name.

(xii) SUBJECT MIDDLE INIT (INITIAL): The operator must enter the subject's middle initial.

(xiii) SUBJECT STREET ADDR/APT (ADDRESS/APARTMENT): The operator must enter the subject's street or apartment address.

(xiv) SUBJECT TOWN/CITY: The operator must enter the subject's town or city of residence.

(xv) SUBJECT STATE: The operator must enter the subject's state of residence using appropriate two-letter designation.

(xvi) SUBJECT DL# (DRIVER'S LICENSE NUMBER) OR SS# (SOCIAL SECURITY NUMBER): The operator must enter the subject's driver's license number, Alabama file number, social security number or Alabama I.D. number.

(xvii) SUBJECT <M/F> (MALE/FEMALE): The operator must designate the subject's gender using "M" for male and "F" for female.

(xviii) SUBJECT DOB (DATE OF BIRTH): The operator must designate the subject's date of birth using the format <MM/DD/YYYY;. An entry of 01/01/1900 will be used when the subject's date of birth cannot be obtained.

(i) PURGING

(ii) AMBIENT AIR CHECK

(iii) AIR BLANK CHECK

(iv) ACCURACY CHECK (0.020 g/210L)

(v) PURGING

(vi) AMBIENT AIR CHECK

(vii) AIR BLANK CHECK

(viii) INSERT MOUTHPIECE, PRESS BUTTON (Operator Task)

(ix) PLEASE WAIT

(x) PLEASE BLOW (First Subject Sample)

(xi) STOP

(xii) REMOVE MOUTHPIECE

(xiii) PURGING

(xiv) AMBIENT AIR CHECK

(xv) AIR BLANK CHECK

(xvi) PLEASE WAIT

(xvii) PURGING

(xviii) AMBIENT AIR CHECK

(xix) AIR BLANK CHECK

(xx) INSERT MOUTHPIECE, PRESS BUTTON (Operator Task)

(xxi) PLEASE WAIT

(xxii) PLEASE BLOW (Second Subject Sample)

(xxiii) STOP

(xxiv) REMOVE MOUTHPIECE

(xxv) PURGING

(xxvi) AMBIENT AIR CHECK

(xxvii) AIR BLANK CHECK

(xxviii) ACCURACY CHECK (0.080 g/210L)

(xxix) PURGING

(xxx) AMBIENT AIR CHECK

(xxxi) AIR BLANK CHECK

(xxxii) RESULT

(xxxiii) DATA STORED

(i) Permit Number or Password: The Operator must enter and confirm his/her unique permit number after pressing the Start Test button to proceed with a test. Alternatively one of the ADFS scientists can enter their permit number and a password which will allow them access to several functions including running an evidential breath alcohol test.

(ii) Scan Driver's License? The Intoximeters Intox DMT Dual Sensor comes equipped with a card reader. The operator can choose to scan the subject's driver's license at this time and the instrument will populate the corresponding fields automatically. In the event that the subject does not have a license the operator must enter the pertinent information in sections 11.-16.

(iii) Same as Operator: If the Arresting Officer is the same as the Operator then the Operator can check the box "Same as Operator" and the Operator's information will be automatically populated.

(iv) If the Arresting Officer is not the Operator then the Operator should input the following information.

(v) Offense Information: Date (MM/dd/yyyy); the Operator will input the date of offense here.

(vi) Offense Information: Time (24 Hour); the Operator will input the time of offense here using a 24-hour clock in the HH:mm format.

(vii) Offense Information: UTC; the Operator will input the ticket number here if it is known.

(viii) Offense Information: County; the Operator will select the county of offense from the drop-down menu.

(ix) Offense Information: 20 Min. Deprivation Period; the Operator must affirm that there has been 20 minutes between the time of offense and the time of test from the drop-down menu.

(x) Subject Information: Name (F/M/L); the Subject's first name, middle initial, and last name are entered here.

(xi) Subject Information: Street/Apt/Box; the subject's street address will be entered here.

(xii) Subject Information: City/Town; the city / town in which the subject resides is entered here.

(xiii) Subject Information: State; the state in which the subject resides is entered here.

(xiv) Subject Information: Sex; the Operator must select the gender of the subject from the pull-down menu.

(xv) Subject Information: Date of Birth (MM/dd/yyyy): The Subject's date of birth is entered here. An entry of 01/01/1900 will be used when the subject's date of birth cannot be obtained.

(xvi) Subject Information: License or SS Number; the Subject's Driver's License number or Social Security Number is entered here.

(i) TIMED PURGE

(ii) AMBIENT ZEROING

(iii) DIAGNOSTIC CHECK

(iv) BLANK TEST

(v) EXTERNAL STANDARD (0.020 g/210L)

(vi) PURGING

(vii) AMBIENT ZEROING

(viii) BLANK TEST

(ix) DID SUBJECT REFUSE? Y/N

(x) INSERT MOUTHPIECE

(xi) PLEASE BLOW

(xii) REMOVE MOUTHPIECE

(xiii) PURGING

(xiv) DIAGNOSTIC CHECK

(xv) AMBIENT ZEROING

(xvi) BLANK TEST

(xvii) DID SUBJECT REFUSE? Y/N

(xviii) INSERT MOUTHPIECE

(xix) PLEASE BLOW

(xx) REMOVE MOUTHPIECE

(xxi) PURGING

(xxii) AMBIENT ZEROING

(xxiii) BLANK TEST

(xxiv) EXTERNAL STANDARD (0.080 g/210L OR 0.150 g/210L)

(xxv) PURGING

(xxvi) AMBIENT ZEROING

(xxvii) BLANK TEST

(xxviii) DIAGNOSTIC CHECK

(xxix) RESULT

(xxx) DATA STORED

(xxxi) PRINTOUT

(i) "DIAGNOSTIC CHECKS BEFORE AND AFTER OK": An automated internal diagnostic check is performed by the Draeger Alcotest 7110 MKIII one hundred twenty-eight (128) times per second. For each Breath Alcohol Test, the Draeger Alcotest 7110 MKIII stores in memory a record of a single diagnostic "Snap Shot" before the first subject sample is collected and after the second subject sample is collected.

(ii) "CALIBRATION CHECKS BEFORE AND AFTER OK": An automated calibration check is performed before the first subject sample is collected and after the second subject sample is collected to verify the calibration of the Draeger Alcotest 7110 MKIII at the time of the breath test. A 0.020 g/210L ethanol standard is introduced into the instrument before the first subject sample is collected. An acceptable result of 0.015 to 0.025 g/210L will allow the Breath Alcohol Test to proceed. A 0.080 g/210L ethanol standard is introduced into the instrument after the second subject sample is collected. An acceptable result of 0.076 to 0.084 g/210L must be obtained before the results of the Breath Alcohol Test will be reported. When results obtained from the calibration checks are not within the stated acceptable ranges, the "Certificate of Analysis" obtained from the Draeger Alcotest 7110 MKIII will indicate ACCURACY CHECK FAIL and no numerical result will be reported at the time of the breath test.

(iii) "INSPECTION BEFORE AND AFTER TEST OK": Completed Diagnostic Checks and Calibration Checks verify instrument accuracy and reliability and therefore constitute a time of test inspection. When a condition exist which prevents the completion of either the diagnostic checks or the calibration checks the "Certificate of Analysis" will not bear this statement.

(iv) "THE SUBJECT MUST COMPLETE A DEPRIVATION PERIOD OF AT LEAST TWENTY MINUTES BEFORE PROVIDING THE FIRST BREATH SAMPLE". An operator must attest that reasonable efforts were made by an employee of a law enforcement agency to deprive the subject of putting potentially interfering substances in their mouth. In event the operator becomes aware of potentially interfering substances in the mouth, the deprivation period should be restarted.

(v) "TWO ACCEPTABLE BREATH SAMPLES WERE ANALYZED, THE LOWEST RESULT IS REPORTED". The subject must provide two acceptable breath samples for analysis. The lowest alcohol result generated from each breath sample must agree within 0.020 g/210L of breath. If the alcohol results from the two breath samples do not agree within 0.020 g/210L of breath, the instrument will begin a second breath sample collection sequence. Failure to provide two (2) acceptable breath samples for the second breath sampling sequence will constitute a refusal of the whole test. When the results of two acceptable breath samples do agree within 0.020 g/210L of breath, the Draeger Alcotest 7110 MKIII will report the lowest result truncated to the second decimal place.

(vi) When the subject provides a breath sample that does not meet the minimum acceptable criteria or when not prompted to do so, one of the following errors will be recorded in the Subject "Mis-Try" file: "Minimum Volume Not Achieved", "Blowing Time Too Short", or "Blowing Not Allowed". When the Draeger Alcotest 7110 MKIII determines a sample or samples to be unacceptable the operator has the opportunity to determine by which of the following three options the testing sequence will proceed: <1> REFUSAL <2> UNABLE <3> RESTART TEST.

(i) "DIAGNOSTIC CHECKS BEFORE AND AFTER OK": An automated internal diagnostic check is performed by the Intoximeters Intox DMT Dual Sensor during every breath test. For each Breath Alcohol Test, the Intoximeters Intox DMT Dual Sensor stores in memory a record of a single diagnostic "Snap Shot" before the first subject sample is collected, between the first and second subject samples and after the second subject sample is collected.

(ii) "CALIBRATION CHECKS BEFORE AND AFTER OK": An automated calibration check is performed before the first subject sample is collected and after the second subject sample is collected to verify the calibration of the Intoximeters Intox DMT Dual Sensor at the time of the breath test. A 0.020 g/210L ethanol standard is introduced into the instrument before the first subject sample is collected. An acceptable result of 0.015 to 0.025 g/210L will allow the Breath Alcohol Test to proceed. A subject sample result of less than 0.150 g/210L will result in the introduction of a 0.080 g/210L ethanol standard into the instrument after the second subject sample is collected. An acceptable result of 0.076 to 0.084 g/210L must be obtained before the results of the Breath Alcohol Test will be reported. A subject sample result of 0.150 g/210L or higher will result in the introduction of a 0.150 g/210L ethanol standard into the instrument after the second subject sample is collected. An acceptable result of 0.1425 to 0.1575 g/210L must be obtained before the results of the Breath Alcohol Test will be reported. When results obtained from the calibration checks are not within the stated acceptable ranges, the "Certificate of Analysis" obtained from the Intoximeters Intox DMT Dual Sensor will indicate STANDARD OUT OF RANGE and no numerical result will be reported at the time of the breath test.

(iii) "INSPECTION BEFORE AND AFTER TEST OK": Completed Diagnostic Checks and Calibration Checks verify instrument accuracy and reliability and therefore constitute a time of test inspection. When a condition exist which prevents the completion of either the diagnostic checks or the calibration checks the "Certificate of Analysis" will not bear this statement.

(iv) "THE SUBJECT MUST COMPLETE A DEPRIVATION PERIOD OF AT LEAST TWENTY MINUTES BEFORE PROVIDING THE FIRST BREATH SAMPLE". An operator must attest that reasonable efforts were made by an employee of a law enforcement agency to deprive the subject of putting potentially interfering substances in their mouth. In the event the operator becomes aware of potentially interfering substances in the mouth, the deprivation period should be restarted.

(v) "TWO ACCEPTABLE BREATH SAMPLES WERE ANALYZED, THE LOWEST RESULT IS REPORTED". The subject must provide two acceptable breath samples for analysis. The lowest alcohol result generated from each breath sample must agree within 0.020 g/210L of breath. If the alcohol results from the two breath samples do not agree within 0.020 g/210L of breath, the instrument will begin a second breath sample collection sequence. Failure to provide two (2) acceptable breath samples for the second breath sampling sequence will constitute a refusal of the whole test. When the results of two acceptable breath samples do agree within 0.020 g/210L of breath, the Intoximeters Intox DMT Dual Sensor will report the lowest result truncated to the second decimal place.

(vi) The Intoximeters Intox DMT Dual Sensor allows the subject 3 minutes to provide a sample. In the event of an inadequate sample the Operator may coach the subject to provide an acceptable sample. Any Mis-Try will be included on the Flow Profile Plot which is printed with the IR Curves at the time of the test.