New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 7100 - BREATH ALCOHOL PROCEDURE USING THE INTOXILYZER 5000 INSTRUMENT FOR BREATH TESTS CONDUCTED ON OR AFTER JANUARY 1, 2017
Part Saf-C 7103 - EQUIPMENT
Section Saf-C 7103.02 - Sample Collection

Universal Citation: NH Admin Rules Saf-C 7103.02

Current through Register No. 40, October 3, 2024

(a) All breath samples shall be alveolar air and shall be collected at the direction of the breath test operator.

(b) Immediately prior to testing, the subject shall be observed by a breath test operator for a period of 20 minutes to ensure the integrity of the sample. Prior to the observation period, the breath test operator shall inform the subject not to place any material in his or her mouth. Should vomiting, regurgitation or belching occur or any external material enter the mouth of the person to be examined, an additional 20 minute wait period shall occur before testing. Should the breath test operator determine that the subject is not complying with the requirements of this paragraph or (d) below at any point during the testing process, or the subject decides not to complete the sampling requirements in (d), the breath test operator shall stop the test and record the test as a refusal pursuant RSA 265-A:8.

(c) The breath test operator shall record and shall print out on the test record the identification of the subject, the name of the breath test operator, and the date and time of the sample collection. The test record shall also include identification of the approved instrument used to conduct the test; including make, model, serial number and field location.

(d) A minimum of 2 subject samples shall be collected for each complete breath test. If the alcohol concentration readings of the first 2 samples do not agree within +/- 0.02 g/210L, a third subject sample shall be collected.

(e) A reported value shall be printed on the test record following:

(1) A 20 minute observation period before the initial sample is taken;

(2) The identification of the subject, breath test operator and instrument;

(3) An ambient or room air check performed by the approved instrument;

(4) An internal standard reference check performed by the approved instrument;

(5) The satisfactory collection of a minimum of 2 subject samples which agree with +/- 0.02 g/210L;

(6) An external standard reference check performed by the approved instrument in accordance with (h) below; and

(7) The printout of test results and required information.

(f) During the testing process there shall be 2 reference checks on the approved instrument.

(g) The approved instrument shall be programmed to perform an internal standard reference check at separate set points. If any one of the set points gives a reading greater than +/- 5% of the assigned value, the approved instrument shall be so designed that it shall not allow a subject sample to be taken.

(h) An external standard reference check shall be conducted via the external reference port on the approved instrument. The external standard reference check shall consist of a known alcohol/water solution held at a constant temperature of 34°C +/- 0.2°C, whose vapor shall give an alcohol concentration reading on the approved instrument of no less than 0.09 g/210L nor greater than 0.10 g/210L. The approved instrument shall be so designed that a test cannot be completed if the external standard reference result is not within the acceptable range.

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