5 Colo. Code Regs. § 1005-2-4.1

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1005-2-4.1 - [Effective until 11/14/2024] This part establishes the minimum standards for collection and testing of evidential breath alcohol samples that include:

4.1.1 A certified EBAT instructor or operator to perform the test that is in an active status meeting the requirements found in Part 2, and

4.1.2 An approved EBAT facility where the test is to be conducted meeting the requirement found in Part 3, and

4.1.3 A certified EBAT instrument used to perform the test.

4.1.3.1 Evidential breath specimens must be analyzed using a certified EBAT instrument approved for use by the Department. Certification of the EBAT instrument will be based on scientific standards of performance established by the Department.

4.1.3.2 The Department must certify each EBAT instrument initially and annually thereafter.

4.1.3.3 The Department will issue a certificate for each certified EBAT instrument after initial certification and after each annual certification. The certificate will reflect the certified EBAT instrument serial number and the inclusive dates for the certification period.

4.1.3.4 Every EBAT sequence must include an assayed reference standard(s) with a known ethanol concentration of 0.100 grams of alcohol/210 liters of breath that brackets the subject's breath samples. The assayed reference standard(s) target value(s) is 0.100 grams of alcohol/210 liters of breath and must fall within a range of (0.090 - 0.110 grams of alcohol/210 liters of breath).

4.1.3.4.1 The results of the assayed reference standard(s) must agree with each other within ±10% during the calibration checks.

4.1.3.4.2 If the correlation between calibration checks is not within ±10%, the instrument will discontinue the test sequence and print a "No Calibration Correlation" Exception Message.

4.1.3.5 For each EBAT, the results of the two subject samples must agree with each other within 0.020 grams of alcohol/210 liters of breath.

4.1.3.5.1 If the 0.020 grams of alcohol/210 liters of breath correlation is not obtained with the subject samples, the instrument will discontinue the test sequence and print a "No .02 Agreement" Exception Message.

4.1.3.5.2 When a "No .02 Agreement" Exception Message is obtained, the certified EBAT instructor or operator must repeat the 20-minute deprivation period prior to retesting the subject.

4.1.3.6 The two subject breath samples must meet the minimum measurement requirements in order to obtain a result. Samples not meeting the minimum sample requirements may result in an "Invalid Sample" Exception Message.

4.1.3.6.1 If an "Invalid Sample" Exception Message is obtained, the certified EBAT instructor or operator must repeat the 20-minute deprivation period prior to retesting the subject.

5 CCR 1005-2-4.1

41 CR 04, February 25, 2018, effective 3/17/2018

42 CR 02, January 25, 2019, effective 2/14/2019