Missouri Code of State Regulations
Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES
Division 25 - Missouri State Public Health Laboratory
Chapter 30 - Determination of Blood Alcohol by Blood, Breath, Saliva, and Urine Analysis; and Determination for the Presence of Drugs in Blood, Saliva, and Urine
Section 19 CSR 25-30.050 - Approved Breath Analyzers
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment removes two instruments that are no longer used for evidential testing in Missouri.
(1) Approved breath analyzers are-
|
NAME OR ITEM |
MANUFACTURER OR SUPPLIER |
|
Alco-Sensor IV with printer, Intox EC/IR II, and |
Intoximeters, Inc. |
|
Intox DMT |
|
|
Intoxilyzer, Model 8000 |
CMI/MPH, Operations of MPD, Inc. |
(2) Breath analyzers are to be used within buildings or vehicles used for driving-while-intoxicated enforcement. These breath analyzers are not approved for mobile use in boats or in outside areas.
(3) Maintenance checks and breath tests performed on previously approved breath analyzers prior to the effective date of this rule shall be considered valid under this rule if such tests were completed in compliance with the rules in effect at the time the test was conducted.
*Original authority: 192.006, RSMo 1993, amended 1995; 306.114, RSMo 1993, amended 2004, 2005, 2008; 306.117, RSMo 1993, amended 2005, 2008; 577.020, RSMo 1977, amended 1982, 1983, 1996, 1998, 2001, 2006; 577.026, RSMo 1982; and 577.037, RSMo 1982, amended 1983, 1988, 1993, 1996, 2001.
Eckhoff v. Director of Revenue, 745 S.W.2d 815 (Mo. App. 1988); Director of Revenue v. Martin, 752 S.W.2d 453 (Mo. App. 1988). For purpose of breath analysis tests, the procedural components of these tests include the testing techniques and methods, the qualifications of the person administering the tests, and the nature and description of the equipment and devices to be used. The designation of approved suppliers of test ampoules for breathalyzer test was procedural only and would be applied retrospectively.
