West Virginia Code of State Rules
Agency 64 - Health
Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 64-10 - Methods and Standards for Chemical Tests for Intoxication
Section 64-10-8 - Blood Analysis; Standards and Methods

Universal Citation: 64 WV Code of State Rules 64-10-8

Current through Register Vol. XLI, No. 13, March 29, 2024

8.1. Methods of analyzing blood specimens for ethyl alcohol shall meet the following standards:

8.1.1. The method used shall be capable of separating and quantifying ethyl alcohol from the blood specimen;

8.1.2. The method used shall be capable of the analysis of a reference sample of known alcohol concentration within accuracy and precision limits of plus or minus 0.01 grams per cent W/V of the true value. These limits shall be applied to alcohol concentrations which are 0.01 grams per cent W/V or higher;

8.1.3. The method used shall be capable of blood alcohol analysis which results in a concentration less than 0.01 grams of alcohol per one hundred milliliters of blood when alcohol free persons are tested; and

8.1.4. The gas-chromatographic method meets the standards in this subsection for testing.

8.2. Blood for alcohol analysis shall be collected as follows:

8.2.1. The blood shall be drawn only by a licensed doctor of medicine or osteopathy, registered professional nurse, trained medical technician or any medical professional trained in phlebotomy;

8.2.2. Sterile hypodermic needles and syringes shall be used. Sterile disposable units are recommended;

8.2.3. The skin shall not be disinfected with ethyl alcohol. The use of non-alcoholic antiseptics, those which do not contain ethyl alcohol, including 1-1000 aqueous solution of mercuric chloride, aqueous benzalkonium chloride (zephiran), aqueous merthiolate, or other suitable aqueous disinfectants is acceptable;

8.2.4. The quantity of alcohol found in serum shall be divided by a factor of 1.16 to determine the quantity of alcohol in the blood; and

8.2.5. The container (tube or vial) shall be clean and dry, and have an inert, airtight stopper.

Disclaimer: These regulations may not be the most recent version. West Virginia 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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