Connecticut Administrative Code
Title 14 - Motor Vehicles. Use of the Highway by Vehicles. Gasoline
227a - Measurement of Alcohol in Blood, Breath or Urine
Forensic Chemical Testing of Blood, Breath or Urine (Motor Vehicle)
Section 14-227a-10b - Direct breath alcohol test
Universal Citation: CT Reg of State Agencies 14-227a-10b
Current through September 9, 2024
(a) No person shall operate a direct breath alcohol test device or instrument unless such person has been certified by the commissioner and is employed by a law enforcement agency or the department. Such operator shall conduct tests according to methods and with such devices and instruments approved by the commissioner and shall verify the accuracy of the device or instrument immediately before and after each test.
(b) Approval of device or instrument
(1) Standard of
performance
Approval of a particular type and model of device or instrument shall be based on a laboratory evaluation of each device or instrument and its accessories to meet the following standard of performance:
(A) The device or
instrument shall be capable of collecting and analyzing breath samples that are
alveolar in composition;
(B) The
device or instrument shall be capable of accurately analyzing a blank sample
and suitable reference samples, such as air equilibrated with reference
solutions of known alcohol concentration at known temperature; and
(C) The device or instrument shall be capable
of alcohol analyses that result in a concentration less than one hundredth
(0.01) gram per 210 liters of air, i.e. one hundredth (0.01) percent, when
alcohol-free subjects are tested.
(2) Evaluation and approval
(A) The applicant shall provide the
commissioner with each device or instrument and all related accessories for
which approval is sought, complete operating instructions, and such other
materials or technical assistance as the commissioner may require to conduct an
evaluation of the application.
(B)
The commissioner may also approve modified versions of such devices or
instruments and accessories when the modifications do not alter the
capabilities of the devices or instruments and their associated accessories to
meet the standards of performance as provided in subdivision (1) of this
subsection.
(3)
Certification of specific devices or instruments
(A) Each device or instrument shall be
examined and certified prior to being placed in operation and after repairs
that affect or alter its calibration. Repairs to printers shall not be subject
to the requirements of this subdivision.
(B) Annual certification shall not be
required.
(c) Methods for conducting direct breath alcohol tests
All direct breath alcohol tests shall be conducted in accordance with the following procedures:
(1) Sample collection
(A) The expired breath sample shall be air
that is alveolar in composition. The breath sample shall be collected only
after the subject has been monitored for at least 15 minutes prior to the
collection of each sample. During this period, the test subject shall not have
ingested alcoholic beverages or food, regurgitated or smoked.
(B) Samples of the test subject's breath
shall be collected with a device or instrument approved in accordance with
subsection (b) of this section.
(2) Operation of device or instrument
(A) Operators shall follow the manufacturer's
operating instructions for the device or instrument, unless the commissioner
has accepted a modification of such instructions. If the instructions have been
so modified, then the instructions as modified shall be followed. The operating
instructions applicable to the device or instrument shall be available at each
location where a device or instrument is used.
(B) All agencies using a device or instrument
shall make available for inspection by the commissioner all devices or
instruments used by them, together with the current logbook associated with
each such device or instrument. Such logbook shall include the identity of each
operator using the device or instrument, the frequency with which the device or
instrument has been checked for accuracy and the results of each subject's
analysis and calibration.
(d) Certification of operators and instructors
(1) Certification of
operators
(A) General requirements
An operator of a direct breath alcohol testing device or instrument shall meet the following requirements:
(i) Employment by a law enforcement agency or
the department;
(ii) Successful
completion of at least four hours of training in the operation of the device or
instrument to be used. Such training may be acquired by attending training
courses offered by the department or by certified instructors; and
(iii) Demonstration to the commissioner of
the proper use and application of such device or instrument.
(B) Proficiency instruction and
review
(i) At any time after certification,
the commissioner may require an operator to satisfactorily demonstrate
proficiency in the use of such device or instrument.
(ii) Each operator shall demonstrate to a
certified instructor competence in the operation of a device or instrument at
least once during the 12-month period following the last such demonstration.
The results of each such review shall be reported to the
commissioner.
(2) Certification of instructors
In order to be certified as an instructor in the use of a direct breath alcohol test device or instrument, the following requirements shall be met:
(A) Employment by a law
enforcement agency or the department;
(B) Successful completion of at least seven
hours of instruction approved by the commissioner on a designated device or
instrument. Such instruction shall include the following:
(i) The theory of the devices or instruments
used in the analytical process that measures the alcohol content of the
blood;
(ii) Practical application
and experience in the use of such devices or instruments; and
(iii) Presentations and discussions of the
pharmacological and physiological effects of alcohol on the human
body.
(C) Proficiency
instruction and review
Each instructor shall attend an annual course of instruction conducted by the commissioner.
(e) Revocation of certification of operators and instructors
(1) The
commissioner may revoke a certification issued to an operator for the following
reasons:
(A) Failure to remain employed by a
law enforcement agency or the department;
(B) Misuse of the device or instrument or
incompetence in the performance of tests; or
(C) Failure to participate in proficiency
review and testing or failure to properly perform tests during proficiency
review and testing.
(2)
The commissioner may revoke a certification issued to an instructor for the
following reasons:
(A) Failure to remain
employed by a law enforcement agency or the department;
(B) Failure to demonstrate knowledge of the
device or instrument or testing procedures to the extent necessary to instruct
operators; or
(C) Failure to attend
an annual course of instruction conducted by the commissioner.
Disclaimer: These regulations may not be the most recent version. Connecticut may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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