Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION
Subchapter 2 - BREATH ALCOHOL TESTING
Section 11-114-6 - Procedure approvals and measurement requirements
Universal Citation: HI Admin Rules 11-114-6
Current through February, 2024
(a) Except as provided in subsection (c), every breath alcohol testing procedure shall be approved by the DUI coordinator in writing and shall include, but not be limited to:
(1) Performance of an accuracy verification
test with each breath alcohol test, using an approved accuracy verification
device; and
(2) Inclusion of an air
blank before and after each breath test.
(b) With every breath alcohol test the following shall be met:
(1) The person to be
tested shall not have ingested alcoholic beverages, eaten, smoked, or vomited
for at least fifteen minutes before the breath alcohol test;
(2) The test shall be conducted using an
approved instrument in conformance with section
11-114-5
and following an approved procedure as specified in subsection (a);
(3) A copy of the approved breath alcohol
testing procedure shall be accessible to the operator or supervisor;
(4) The test shall be conducted by a person
who is licensed as a breath alcohol testing supervisor or operator pursuant to
section
11-114-9
or
11-114-10;
(5) The result of the accuracy verification
test shall be within the range of plus or minus 0.01, or plus or minus ten per
cent of the target value, whichever is greater;
(6) Breath alcohol and accuracy verification
test results shall not be rounded up; and
(7) Each breath alcohol test shall have been
preceded by an accuracy test which meets the criteria of section
11-114-7,
by not more than thirty-one days.
(c) Any breath alcohol testing procedure approved by the director of health as of the effective date of this chapter shall continue to be approved and remain in effect unless superseded or revoked by the director of health in writing.
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