260 Ind. Admin. Code 2.5-4-1

Current through October 31, 2024

Section 260 IAC 2.5-4-1 - Approved method for Intox EC/IR II breath analysis

Authority: IC 9-30-6-5

Affected: IC 9-30-6-5

Sec. 1.

(a) The approved method that shall be followed in making an analysis of breath for alcohol using the Intox EC/IR II breath test instrument is as follows:

(1) The person to be tested must:

(A) have had nothing to eat or drink;

(B) not have put any foreign substance into his or her mouth or respiratory tract; and

(C) not smoke; within fifteen (15) minutes before the time the first breath sample is taken or at any time from the taking of the first breath sample until after the taking of the final breath sample.

(2) Use the following STEPS:

STEP ONE: Verify that the instrument is in ready mode, as indicated by the instrument display.

STEP TWO: Press "Enter" key to start subject test.

STEP THREE: Insert identification card into the barcode reader, or press the "Enter" key and use the keyboard to enter the breath test operator information requested by the instrument display.

STEP FOUR: When requested by the instrument display, enter the beginning date and time of the fifteen (15) minute deprivation period described in subdivision (1).

STEP FIVE: When requested by the instrument display, select "Y" or "N" to indicate whether the breath test operator had control of the subject during the fifteen (15) minute deprivation period described in subdivision (1).

STEP SIX: If "N" is selected in STEP FIVE, when requested by the instrument display, enter the information of the officer with control of the subject during the fifteen (15) minute deprivation period described in subdivision (1).

STEP SEVEN: Enter incident information requested by the instrument display.

STEP EIGHT: Enter subject information by:

(A) inserting the subject's driver/operator license or identification card into the barcode reader; or

(B) pressing the "Enter" key and using the keyboard to enter the available subject information requested by the instrument display.

STEP NINE: When "Please blow" appears on the instrument display, place a mouthpiece on the breath tube. Instruct the subject to deliver a breath sample. Remove mouthpiece after delivery of a breath sample or when prompted by the instrument display. Repeat as prompted by the instrument display.

STEP TEN: Print the instrument report and remove it from the printer; verify that there is a numerical value for the subject's breath alcohol concentration reported as the "RESULT" on the instrument report and sign the instrument report where indicated.

(b) If any of the following status messages is printed on the instrument report, proceed as follows:

(1) If "Interfering Substance" or "Mouth Alcohol" is printed on the instrument report:

(A) obtain a blood sample for a chemical test; or

(B) repeat the fifteen (15) minute deprivation period described in subsection (a)(1) and perform an additional breath test, beginning with STEP ONE in subsection (a)(2). If "Interfering Substance" or "Mouth Alcohol" is printed on the instrument report after this additional breath test:

(i) obtain a blood sample for a chemical test; or

(ii) sign all instrument reports where indicated if a numerical value for the subject's breath alcohol concentration is reported as the "RESULT" on any instrument report.

(2) If a status message not listed in this rule, excluding "Test Complete", is printed on the instrument report:

(A) obtain a blood sample for a chemical test; or

(B) perform an additional breath test, beginning with STEP ONE in subsection (a)(2). If a status message not listed in this rule, with the exception of "Test Complete", is printed on the instrument report after this additional breath test:

(i) obtain a blood sample for a chemical test; or

(ii) sign all instrument reports where indicated if a numerical value for the subject's breath alcohol concentration is reported as the "RESULT" on any instrument report.

(c) If a subject refuses a test, the breath test operator should record that the test was refused and sign all reports where indicated.

260 IAC 2.5-4-1

State Department of Toxicology; 260 IAC 2.5-4-1; filed 9/17/2020, 10:35 a.m.: 20201014-IR-260200017FRA