Administrative Code

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Virginia Administrative Code
Title 6. Criminal Justice And Corrections
Agency 40. Department of Forensic Science
Chapter 20. Regulations for Breath Alcohol Testing
2/22/2024

6VAC40-20-110. Methods and procedures.

The department shall approve such methods of performing breath tests as are demonstrated to the satisfaction of the department to produce accurate and reliable determinations in a reasonable, convenient and effective manner. The department approves the following breath test methods and procedures:

1. All breath test devices shall be operated in accordance with those sections of the instructional manual published by the department that are applicable to the particular breath test device. Licensees shall follow any additional instructions or modifications of instructions published by the department in supplements to the foregoing instructional manual.

2. The person to be tested shall be observed for at least 20 minutes prior to collection of the breath specimen, during which period the person must not have ingested fluids, regurgitated, vomited, eaten, or smoked. Should any of these actions occur, an additional 20-minute observation period must be performed.

3. The licensee shall verify that the breath test device is properly calibrated and in proper working order by conducting a room air blank analysis prior to analysis of the breath of the person and by conducting a validation test with a control sample as part of the test protocol.

4. The licensee must use only supplies and accessories issued by or approved by the department in conducting breath tests on approved breath test devices.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-110 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-110, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

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