Md. Code Regs. 10.35.02.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.35.02.05 - Evidentiary Tests of Breath for Alcohol: Testing Agencies and Training Programs

A. Testing Agencies.

(1) An agency desiring approval to conduct evidentiary breath tests shall make a written request to the Toxicologist.

(2) An agency requesting approval to conduct breath tests shall:

(a) Offer 24-hour law enforcement service;

(b) Provide an environmentally controlled area and a phone line exclusively for the breath testing instrument;

(c) Provide expendable supplies needed for personnel to operate the equipment; and

(d) Have a minimum of 20 full-time sworn law enforcement officers.

(3) An agency shall have a breath test supervisor who shall administer and coordinate all alcohol testing related activities with CTAU and the Toxicologist.

(4) The breath test supervisor shall be a breath test operator.

(5) An agency's approval to conduct breath testing may be withdrawn by the Toxicologist or his representative based on:

(a) A substantial failure to comply with this chapter; or

(b) Inadequate State resources.

B. Training Programs.

(1) Basic Breath Test Operator Certification Course.

(a) All basic breath test operator courses shall be:

(i) Approved by the Toxicologist; and

(ii) Directed by approved breath test instructors.

(b) The course shall include a minimum of 35 hours of lecture or laboratory instruction covering:

(i) A study of the mathematics of the metric system;

(ii) A study of the properties, human physiology, and pharmacology of alcohol;

(iii) A study of the theory, operating principles, and maintenance requirements of the breath test instruments; and

(iv) A review of relevant Maryland statutes, regulations, and cases affecting enforcement and testing of an individual suspected of driving while impaired or under the influence of alcohol.

(c) A written examination consisting of at least 50 questions shall be given at the conclusion of the course.

(d) The cumulative passing score on the written examination shall be 90 percent or above.

(e) The individual shall demonstrate to the instructor satisfactory ability to use the instrument.

(2) Breath Test Operator Certification Renewal Course.

(a) A breath test operator certification renewal course shall be:

(i) Approved by the Toxicologist; and

(ii) Directed by approved breath test instructors.

(b) The course shall be comprised of a minimum of 6 hours of instruction, including a review of:

(i) Breath testing theory;

(ii) Method and procedures; and

(iii) Current and contemporary issues.

(c) A written examination consisting of at least 25 questions shall be given at the conclusion of the course.

(d) The passing score on the written examination shall be 80 percent or above.

(3) Breath Test Maintenance Technician Course.

(a) The breath test maintenance technician course shall be approved by the Toxicologist.

(b) This course shall include a minimum of 70 hours of training, covering:

(i) A review of breath testing theory, methods, and developments;

(ii) Operation, takedown, and maintenance of instruments;

(iii) Gas cylinder replacement; and

(iv) Simulator takedown, maintenance, and solution changing.

(c) A written or oral exam shall be administered by the Toxicologist or his representative before certification.

(4) CTAU shall issue a certificate after the successful completion of any course outlined in §B(1)"(3) of this regulation.

Md. Code Regs. 10.35.02.05