Or. Admin. Code § 257-030-0070

Current through Register Vol. 63, No. 10, October 1, 2024

Section 257-030-0070 - Approved Methods for Operating the Intoxilyzer 5000

The following method of performing Chemical Analysis of a subject's breath is approved for the Intoxilyzer 5000:

(1) Test Identification: A check list containing an outline of the approved procedures shall be used and completed by all operators of this instrument.

(2) Pre-Test Requirement:

(a) The operator is certain that the subject has not taken anything by mouth (drinking, smoking, eating, taking medication, etc.), vomited, or regurgitated liquid from the stomach into mouth, for at least fifteen minutes before taking the test;

(b) There is no requirement that the operator be the person who makes observation of the subject. The person performing the Pre-Test Requirement (observation period) need not possess a permit to test the alcoholic content of blood.

(c) There is no requirement that the subject rinse the mouth or remove dentures.

(3) Test Procedure:

(a) Ensure that the "Power" switch is on and the instrument is out of the "Not Ready" stage;

(b) Push "Start Test" button to initiate testing sequence;

(c) Insert test record card;

(d) After instructing the subject on how to give a proper breath sample, have the subject provide a breath sample when "Please Blow" appears on the display;

(e) Remove the test record card with printout of test results.

(4) Testing Sequence: The testing sequence the instrument follows will be:

(a) Diagnostics: The instrument will perform a complete diagnostic check on its components and operational standards. If all the operational parameters are proper, the instrument will proceed to the next step;

(b) Air Blank: The instrument will draw in outside air to purge the unit of any alcohol or other material which may be present in the sample cell. It is also looking at the operational environment and analyzing for any possible contaminant which may be present in the room air. If all parameters are met, the instrument will proceed to the next step;

(c) Subject Test: At this time the instrument will display "Please Blow". The subject is instructed on how to give a proper breath sample. The subject has approximately three minutes to comply with this request. The subject test phase has been completed and will proceed to the next step when:

(A) The instrument has accepted the breath sample and displayed the result; or

(B) The subject test is aborted by action of the operator or by the instrument; or

(C) The three minute request period has lapsed; or

(D) The operator has depressed the Start Test button to indicate a refusal.

(d) Air Blank: This air blank is to purge the instrument of the collected sample and once again check the operational environment for any possible contaminants. If all parameters are proper the instrument will print the testing sequence information and display "Test Complete". If the post sample check is improper the instrument will abort the test and an error message will be displayed;

(e) Evidence Card: The final phase of the analysis is the printing of the evidence card. If all parameters and every operational aspect of the instrument were proper, a completed evidence card is received. If at any time there was a malfunction, error or condition that would affect the validity of the test, or any section of the instrument was not in perfect working order, the test would have been aborted and a completed evidence card would not be received.

(5) "Completed" Evidence Card: A "Completed" evidence card is one which indicates a breath test result, a refusal, or the presence of an interfering substance:

(a) An evidence card obtained using the "Reprint" option contains the identical information as would be printed on the original card and may be used in addition to or in place of the original test card;

(b) The operator shall record the following information on the evidence card: Name and date of birth of the subject tested, operator's name and breath test permit number;

(c) If the subject did not provide an adequate breath sample within the three minute request period, the instrument will indicate "Insufficient" and print an asterisk (*) before the "Subject Test" result, and "*Insufficient Sample -- Value printed was highest obtained". The value printed is an accurate measurement of the sample provided and is equal to or less than the subject's actual blood alcohol value;

(d) If during the three minute request period the subject refuses, through some willful act, to follow the instructions to provide an adequate breath sample, the operator may depress the "Start Test" button to terminate the breath test request phase. The instrument will indicate "Refused" and print "Subject Test Refused". A printed test record card, as described in this subsection, is not required to document the operator's decision to terminate the breath test request phase as "Refused".

(e) If the instrument detects the presence of acetone or other substances which could interfere with the instrument's ability to accurately measure the amount of ethyl alcohol in the breath, the message "Interf Detected" will be displayed and the test will be aborted. The printout on the test record will indicate "Invalid Test *Interferant Detected". This is a completed test and the operator should not restart the testing sequence.

(6) Incomplete Evidence Card: The following conditions will result in an incomplete evidence card:

(a) If the subject did not provide a breath sample or blow with sufficient force to activate the breath pressure sensor at any time within the three minute request period, the instrument will indicate "No Sample Given" and print an asterisk (*) before "Subject Test" and "*No Sample Given". If the evidence card indicates "*No Sample Given", the operator should restart the testing sequence and proceed until a completed evidence card is obtained or until the subject refuses;

(b) If the operator receives an error message and print out from the instrument, such as "Invalid Test" (not to include "Invalid Test *Interferant Detected"), "Residual Alcohol Present", "Inhibited.RFI", "Invalid Mode", "Check Ambient Conditions", etc., the operator should take corrective action as outlined in the Intoxilyzer 5000 Student Manual, and restart the testing sequence. Nothing in this subsection precludes an operator from terminating the breath testing sequence as "Refused" if the subject refuses, through a willful act, to follow the instructions of the operator. A printed test record card, as described in section (5) (d), is not required to document the operator's decision to terminate the breath test sequence as "Refused".

(7) Failure to record information specified in section (1) and subsection (5)(b) of this rule does not invalidate the test result obtained if the procedures were followed.

Or. Admin. Code § 257-030-0070

OSP 2-1992, f. 7-20-92, cert. ef. 9-1-92; OSP 1-1993, f. 1-19-93, cert. ef. 1-20-93; OSP 2-1993(Temp), f. & cert. ef. 9-23-93; OSP 3-1993, f. & cert. ef. 11-8-93; OSP 1-1996, f. & cert. ef. 3-22-96; OSP 2-2006(Temp), f. 6-30-06, cert. ef. 7-5-06 thru 12-31-06; OSP 3-2006, f. & cert. ef. 11-22-06

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 183.335 & 813

Stats. Implemented: ORS 813.160