Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Purpose. This rule describes the statutory elements required for the
admissibility of evidence obtained from chemical analyses of a
person's blood, urine, or other bodily substance. This rule contains
the METHODS as referred to by §
32-5A-194
Code of Ala. 1975, as amended, that insures
and verifies each chemical analysis is performed accurately and
reliably. IN THE EVENT THAT ONE OF THESE REQUIREMENTS IS NOT
FULFILLED, CHEMICAL ANALYSIS EVIDENCE MAY STILL BE OFFERED THROUGH
TRADITIONAL EVIDENTIARY PREDICATE as described in Powell v.
State, 515 So.2d 140 (Ala. Cr. App. 1986).
(2) Definitions and Abbreviations:
(a)
Alcohol- For
the purpose of this rule, use of the term alcohol shall refer to
ethanol or ethyl alcohol unless otherwise specified.
(b)
Method- For
the purpose of this rule, a method is an orderly and systematic
approach to accomplishing a goal. The goal as set forth in §
32-5A-194
Code of Ala. 1975, as amended, is the
chemical analyses of a person's blood, urine or other bodily
substance to determine the presence and/or quantity of alcohol
(ethanol) or other chemical substances. Therefore the method refers
only to those tasks, manual or automated, that result in accurately
identifying and/or quantifying the amount of alcohol or other
chemical substance in a particular person's blood or other bodily
substance.
(c)
Permit- For the purpose of this rule, a permit is
authorization by the Director allowing an employee to analyze blood,
urine, or other bodily substances for alcohol, drugs, or other
chemical entities. By assigning a qualified employee this particular
task the Director has expressed authorization.
(3) Qualifications. Applicants for
a permit to perform a chemical analysis of a person's blood, urine,
or other bodily substance pursuant to the Alabama Chemical Test for
Intoxication Act shall meet the following requirements.
(a) Be employed as a Forensic
Scientist by the Alabama Department of Forensic Sciences and be
assigned to the Toxicology Section or Implied Consent Section by the
Director.
(b) Have been
approved by the Toxicology Discipline Chief to perform analyses on
blood, urine, or other bodily substance analyses for the purpose of
identification and quantitation of alcohol and/or other
drugs.
(4)
Certification Permits.
(a) Permits
to perform a chemical analysis of a person's blood, urine, or other
bodily substance pursuant to the Alabama Chemical Test for
Intoxication Act will be issued by the Director and certified by the
Toxicology Discipline Chief.
(b) Once issued, permits will
remain effective concurrent with the term of employment of the
individual. At the Directors discretion permits may be
rescinded.
(5)
Methods.
(a) Analysis of blood,
urine, or other bodily substances for the presence of volatile
compounds; such as alcohol (ethanol), shall be performed by Gas
Chromatography utilizing internal standard headspace injection, in
accordance with the Toxicology Discipline's Standard Operating
Procedure for that analysis.
(b) Analysis of blood, urine, or
other bodily substances for drugs or other chemical substances will
utilize a screening technology in conjunction with Mass Spectrometry
confirmation, in accordance with the Toxicology Discipline's Standard
Operating Procedure for that analysis.
Authors: Dale A. Carpenter, Jack R.
Kalin, Curt E, Harper
Statutory Authority:
Code
of Ala. 1975, §
32-5A-194,
as amended.
