N.H. Admin. Code § Saf-C 6306.05

Current through Register No. 36, September 5, 2024

Section Saf-C 6306.05 - Interpretation of Results

(a) Captured samples of breath collected in accordance with Saf-C 6302.02(e) and Saf-C 6304.01 and analyzed by an independent laboratory in accordance with Saf-C 6305.02 -04 shall be used to corroborate the reported value obtained by the approved instrument.

(b) The result of the breath test shall be considered to be corroborated when the reported value of the approved instrument is within the deviation limits for the alcohol concentration levels outlined below:

(1) For alcohol concentrations less than 0.05 g/210L and the deviation does not exceed 0.01 g/210L;

(2) For alcohol concentrations equal to 0.05 g/210L but less than 0.10 g/210L and the deviation does not exceed 0.02 g/210L;

(3) For alcohol concentrations equal to 0.10 g/210L but less than 0.15 g/210L and the deviation does not exceed 0.03 g/210L;

(4) For alcohol concentrations equal to 0.15 g/210L but less than 0.20 g/210L and the deviation does not exceed 0.04 g/210L; and

(5) For alcohol concentrations equal to or greater than 0.20 g/210L and the deviation does not exceed 0.05 g/210L.

(c) When the result of the breath test is not corroborated in (b) above, further evaluation shall be required in order to determine the weight to be given to the reported value of either the approved instrument or the independent laboratory.

(d) Pursuant to RSA 265-A:12, the evaluation of results shall include a review of the following materials provided by:

(1) The arresting officer or breath test operator to include:

a. A copy of the preventive maintenance check form completed in accordance with Saf-C 6302.04 and dated prior to the subject's test;

b. A copy of the documentation of any repairs performed on the approved instrument within the certification period encompassing the subject's test; and

c. A copy of the breath test printout showing the completed test, in accordance with Saf-C 6302.03; and

(2) The independent laboratory to include:

a. Proof of the independent laboratory's accreditation as required by RSA 265-A:5, V(e) for the period encompassing the date of analysis;

b. A copy of the captured sample analysis report;

c. A copy of the run log for the day the subject's captured sample was analyzed;

d. Copies of the gas chromatograph instrument printouts of the subject's captured sample results which correspond to the reported value obtained by the approved instrument;

e. Copies of all the gas chromatograph instrument printouts of the blanks, standards and controls analyzed on the day the captured sample was analyzed; and

f. Documentation of any repairs or preventive maintenance performed on the gas chromatograph instrument within a 2 month period before and after the analysis of the subject's captured sample.

N.H. Admin. Code § Saf-C 6306.05

Renumbered from Saf-C 6305.05 Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12064, Effective 1/1/2017, Expires 6/30/2017.