Ala. Admin. Code r. 370-1-1-.03

Current through Register Vol. 42, No. 8, May 31, 2024

Section 370-1-1-.03 - Blood, Urine And Other Bodily Substances

(1) Purpose. This rule describes the statutory elements required for the admissibility of evidence obtained from chemical analyses of a person's blood, urine, or other bodily substance. This rule contains the METHODS as referred to by § 32-5A-194Code of Ala. 1975, as amended, that insures and verifies each chemical analysis is performed accurately and reliably. IN THE EVENT THAT ONE OF THESE REQUIREMENTS IS NOT FULFILLED, CHEMICAL ANALYSIS EVIDENCE MAY STILL BE OFFERED THROUGH TRADITIONAL EVIDENTIARY PREDICATE as described in Powell v. State, 515 So.2d 140 (Ala. Cr. App. 1986).

(2) Definitions and Abbreviations:

(a)Alcohol- For the purpose of this rule, use of the term alcohol shall refer to ethanol or ethyl alcohol unless otherwise specified.

(b)Method- For the purpose of this rule, a method is an orderly and systematic approach to accomplishing a goal. The goal as set forth in § 32-5A-194Code of Ala. 1975, as amended, is the chemical analyses of a person's blood, urine or other bodily substance to determine the presence and/or quantity of alcohol (ethanol) or other chemical substances. Therefore the method refers only to those tasks, manual or automated, that result in accurately identifying and/or quantifying the amount of alcohol or other chemical substance in a particular person's blood or other bodily substance.

(c)Permit- For the purpose of this rule, a permit is authorization by the Director allowing an employee to analyze blood, urine, or other bodily substances for alcohol, drugs, or other chemical entities. By assigning a qualified employee this particular task the Director has expressed authorization.

(3) Qualifications. Applicants for a permit to perform a chemical analysis of a person's blood, urine, or other bodily substance pursuant to the Alabama Chemical Test for Intoxication Act shall meet the following requirements.

(a) Be employed as a Forensic Scientist by the Alabama Department of Forensic Sciences and be assigned to the Toxicology Section or Implied Consent Section by the Director.

(b) Have been approved by the Toxicology Discipline Chief to perform analyses on blood, urine, or other bodily substance analyses for the purpose of identification and quantitation of alcohol and/or other drugs.

(4) Certification Permits.

(a) Permits to perform a chemical analysis of a person's blood, urine, or other bodily substance pursuant to the Alabama Chemical Test for Intoxication Act will be issued by the Director and certified by the Toxicology Discipline Chief.

(b) Once issued, permits will remain effective concurrent with the term of employment of the individual. At the Directors discretion permits may be rescinded.

(5) Methods.

(a) Analysis of blood, urine, or other bodily substances for the presence of volatile compounds; such as alcohol (ethanol), shall be performed by Gas Chromatography utilizing internal standard headspace injection, in accordance with the Toxicology Discipline's Standard Operating Procedure for that analysis.

(b) Analysis of blood, urine, or other bodily substances for drugs or other chemical substances will utilize a screening technology in conjunction with Mass Spectrometry confirmation, in accordance with the Toxicology Discipline's Standard Operating Procedure for that analysis.

Ala. Admin. Code r. 370-1-1-.03

New Rule: Filed December 7, 1994; effective January 11, 1995. Amended: Filed October 10, 1995; effective November 11, 1995. (This function was transferred by Act No. 88-660 to the Alabama Department of Forensic Sciences, May 13, 1988.) Amended: Filed July 24, 1996; effective August 28, 1996. Amended: Filed July 7, 2003; effective August 11, 2003.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 08, May 31, 2018, eff. 6/24/2018.

Authors: Dale A. Carpenter, Jack R. Kalin, Curt E, Harper

Statutory Authority:Code of Ala. 1975, § 32-5A-194, as amended.