Current through Register Vol. 35, No. 11, June 11, 2024
Section 7.33.2.14 - METHODS OF ANALYSISA. Alcohol in blood.(1) All analytical methods and any modifications of approved analytical methods must be approved in advance by SLD.(2) The method used shall be capable of analyzing reference samples of known alcohol concentration with accuracy limits of ± 10% of the actual blood alcohol concentration if the known alcohol concentration is 0.10 grams per 100 milliliters or more and ± 0.01 grams per 100 milliliters if the known concentration is less than 0.10 grams per 100 milliliters. The method shall also be capable of analyzing reference samples of known alcohol concentration within specificity and precision limits that will be established and reviewed by SLD.(3) All analytical results shall be expressed in terms of the alcohol concentration in blood, based on the number of grams of alcohol per 100 milliliters of blood. These results shall be reported to two decimal places except for analyses of standards, controls and proficiency samples, which shall be reported to three decimal places.B. Drugs in blood. (1) All analytical methods and any modifications of approved analytical methods must be approved in advance by SLD.(2) The results of positive tests for drugs other than alcohol shall not be reported until they are confirmed. Confirmation tests must employ an approved method that is different than the one utilized to achieve the initial result unless the confirmation test method has been approved for that use by SLD.(3) Accuracy limits for the reference samples and proficiencies shall be in accordance with the approved methods for the particular analysis as determined by the accrediting agency.C. Alcohol in breath samples. (1) Breath samples shall be collected by certified operators or certified key operators on instruments certified by SLD.(2) The minimum requirements for an evidential breath sample for implied consent testing are: (a) a system blank analysis shall be used preceding each breath sample;(b) a calibration check using SLD approved solutions and/or gases shall be performed in accordance with the following:(i) the instrument shall be maintained and calibration checked by the key operator; calibration checks shall be made a minimum of once every seven days; these calibration checks shall consist of checking the instrument with two breath alcohol solutions or gases, one of which shall simulate 0.08 grams per 210 liters BrAC and the other shall simulate a BrAC of greater than 0.15 grams per 210 liters BrAC; satisfactory calibration results must be within ± 10 percent of the listed values for a BrAC of 0.10 grams per 210 liters and above or ±0.01 for a BrAC below 0.10 grams per 210 liters; or(ii) a single calibration check using solutions or gases which simulate 0.08 grams per 210 liters shall be performed with each subject test; satisfactory calibration check results must be within ± 0.01; these test results shall be valid for the purpose of determining if the subject test is 0.08 grams per 210 liters or more; or(iii) both Items (i) and (ii) of this subparagraph.(3) The minimum requirements for a non-implied consent test are:(a) a system blank preceding each breath sample;(b) a system blank after each breath sample.(4) All analytical results shall be reported as grams of alcohol per 210 liters of breath (g /210L). These results shall be reported to two decimal places except in the case of standards and proficiency samples, which shall be reported to three decimal places.(5) A chronological log book shall be kept for each instrument to show calibration checks, maintenance, analyses performed, results and identities of the subjects tested, as well as the identities of the persons performing analyses. These records shall be kept on forms provided by SLD. Copies of these records shall be submitted to SLD each month as per Paragraph (4) of Subsection B of 7.33.2.12 NMAC above.7.33.2.14 NMAC - Rp, 7.33.2.10 NMAC, 04-30-2010