Administrative Code

Virginia Administrative Code
4/17/2024

Part III. Preliminary Breath Tests under §§ 18.2-267, 29.1-738.1 and 46.2-341.25 of the Code of Virginia

Article 5
Forms and Records

6VAC40-20-170. Preliminary breath test device.

All preliminary breath tests shall be performed on a preliminary breath test device approved by the department. Such devices shall offer convenience and efficiency in operation as determined by the department and shall also satisfy the requirements of either subdivision 1 or 2 of this section.

1. For instruments having a numeric readout, the device shall have a systematic error not exceeding ±10%.

2. For instruments having a pass/fail, colored light readout, the device shall satisfy the following specifications:

a. When a sample of breath is properly taken from a person with an actual blood alcohol concentration of 0.05% or less by weight by volume or 0.05 grams of alcohol per 210 liters of breath, the device shall not indicate a positive result.

b. When a sample of breath is properly taken from a person with an actual blood alcohol concentration of 0.08% or more by weight by volume or 0.08 grams of alcohol per 210 liters of breath, the device shall not indicate a negative result.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-170 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended, Virginia Register Volume 20, Issue 4, eff. December 3, 2003; amended and renumbered as 6VAC40-20-170, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

6VAC40-20-180. List of preliminary devices.

The department shall periodically publish in the Virginia Register of Regulations a list of devices approved for use as preliminary breath test devices. Such list shall be published forthwith after any addition or deletion of any device(s) to or from the department's approval list.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-180 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-180, Virginia Register Volume 22, Issue 10, eff. February 22, 2006. Publication of approved preliminary devices: General Notices, 24:18 VA.R. 2728 May 12, 2008; 26:4 VA.R. 442-443 October 26, 2009; 26:7 VA.R. 921-922 December 7, 2009; 29:2 VA.R. 334 September 24, 2012; 31:21 VA.R. 1888 June 15, 2015; 35:13 VA.R. 1833 February 18, 2019; 39:26 VA.R, 2893 August 14, 2023.

6VAC40-20-190. Operational procedures.

All preliminary breath tests shall be conducted substantially in accordance with the operational procedures set forth in the instruction manual of the manufacturer of the instrument in use except as may be modified by the department.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

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

6VAC40-20-200. Preventive maintenance.

It shall be the responsibility of each agency using preliminary breath test devices to provide preventive maintenance and repairs according to the manufacturer's instructions or procedures except as may be modified by the department.

Statutory Authority

§ 9.1-1110 of the Code of Virginia.

Historical Notes

Former 6VAC20-190-200 derived from Virginia Register Volume 17, Issue 3, eff. November 23, 2000; amended and renumbered as 6VAC40-20-200, Virginia Register Volume 22, Issue 10, eff. February 22, 2006.

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