Ala. Admin. Code r. 370-1-1-.06

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

Section 370-1-1-.06 - Field Sobriety Drug Screening Devices

(1) Purpose. This rule list the approved "FIELD BREATHALYZER or OTHER APPROVED DEVICE" as referred to by § 32-6-49.13, Code of Ala. 1975, as amended. Additionally, this rule describes training requirements and minimal operational criteria necessary for accurate and reliable results from oral fluid drug screening devices.

(2) Definitions and Abbreviations:

(a) Drug. Any substance, when taken into the human body, which can impair the ability of a person to operate a vehicle safely.

(b) Negative Result. A negative result indicates the samples is drug-free for the tested targets or below the cutoff level of the test.

(c) Observation. For the purpose of this rule, use of the term observation shall mean to watch. Prior to the administration of a field sobriety screening test employing an approved field sobriety drug screening device a subject must be under the observation of the operator of the device or other law enforcement officer for a period of not less than ten minutes.

(d) Oral Fluid. A clear, tasteless fluid comprised of saliva produced by multiple salivary glands, and other constituents inside the mouth.

(e) Positive Result. A positive result indicates presence of the drug, its metabolites, or cross-reacting substance but does not indicate level of intoxication, administration route or concentration in the oral fluid. A positive test result should be confirmed by a second test LC/MS

(liquid chromatography-mass spectrometry).

(3) Approved Training. Training afforded by the manufacturer of an approved device and/or training received from the Alabama Department of Forensic Sciences shall constitute approved training.

(4) Operation of Devices.

(a) Officers shall use the device according to the manufacturer's operational procedure.

(b) Every subject must be under observation by an officer for a period of ten minutes before the screening device test is administered.

(c) The subject should not eat, drink, or smoke ten minutes prior to giving a sample.

(5) Quality Control Tests and Maintenance.

(a) Quality control (QC) tests and annual maintenance shall be conducted per manufacturer's operational procedure.

(b) The device is working properly if the QC test(s) pass.

(c) QC test(s) should be conducted at the time of testing or within 24 hours of the subject test.

(6) Training and Maintenance Records. It shall be the responsibility of each law enforcement agency to maintain permanent records documenting the training of each officer in the use of approved field sobriety screening devices and the manual maintenance results on each device in use by the law enforcement agency.

(7) Approved Field Sobriety Drug Screening Device List.

NOTE: For the purpose of this rule, variations or enhancements that do not have any bearing on the drug detecting capability of the instrument, such as the addition of a modem, external printer or passive sampling systems are approved.

The list of field sobriety alcohol screening devices approved for use in Alabama can be found by following the link on the Department's web page at www.adfs.alabama.gov.

Ala. Admin. Code r. 370-1-1-.06

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

Author: Curt E. Harper

Statutory Authority:Code of Ala. 1975, § 32-6-49.13, as amended.