Section 13 140 003 - BREATH & BLOOD ALCOHOL ANALYSIS RULESection I Breath Alcohol Analysis Analyses shall be performed using the methods of gas chromatography or infrared spectrophotometry. In using either method the following specifications must be met:
1. Sampling equipment shall be capable of collecting a sample of expired alveolar air. When such sample is collected using a crimper device, it shall be stable for at least sixty (60) days and shall be of sufficient quantity as to make available a portion for independent analysis.2. Analytical instrumentation shall be capable of analyzing replicate samples of breath containing a known amount of alcohol with a precision of plus or minus 5% from their mean when alcohol concentrations are reported to three significant figures.3. Analytical instrumentation shall be capable of determining the blood or breath alcohol concentration of the person sampled with an accuracy of plus or minus 10%. The calculation of an equivalent blood alcohol concentration from the result of a breath alcohol analysis shall be based on a blood to breath alcohol concentration ratio of 2100:1.4. Instrumentation shall be capable of determining the breath alcohol concentration of the person sampled within plus or minus 10% where the concentration is expressed as weight percent alcohol per 210 liters of expired air.5. The analytical instrumentation shall be capable of detecting the presence of potentially interfering compounds which may be present in breath and which may otherwise interfere with accurate determination of an equivalent blood or breath alcohol concentration.6. The analytical instrumentation and procedures used for analysis of breath alcohol content for evidentiary purposes shall be approved by the Commissioner of Health.Section II Blood Alcohol Analysis Analyses shall be performed using the method of gas chromatography. The following specifications must be met:
1. Samples shall be submitted in such a way as to provide two containers containing at least 5 ml of blood each. The sample containers shall include a suitable preservative which will not interfere with analysis of alcohol and which will render the alcohol concentration of the sample stable for at least sixty (60) days. The sample container shall provide a means to ensure sample security and shall be acceptable to the Vermont Department of Health Laboratory Director.2. Analytical instrumentation shall be capable of analyzing duplicate portions of a blood sample with a precision of plus or minus 5% from their mean when alcohol concentrations are reported to three significant figures.3. The instrumentation shall be capable of determining the alcohol concentration of a reference sample of known concentration with an accuracy of plus or minus 10%.4. Analytical instrumentation and analytical procedures shall be approved by the Commissioner of Health and shall be capable of detecting the presence of potentially interfering compounds which may be present in blood and which may otherwise interfere with accurate determination of blood alcohol concentration.Section III Preliminary Alcohol Screening Any preliminary alcohol screening device used by law enforcement officers in enforcing the provisions of Title 23 of the Vermont Statutes Annotated must conform to the National Highway Traffic Safety Administration (NHTSA) Model Specifications for Evidential Breath Testing Devices. The latest specifications appear at 58 Federal Register 48705-48710. The device used must be on the NHTSA Conforming Products List for instruments that meet such model specifications. The latest list appears at 61 Federal Register 3078-3081. All such instruments must be operated, maintained, and used in accordance with manufacturer specifications and instructions. 23 V.S.A. § 1203(i)
13-003 Code Vt. R. 13-140-003-X
EFFECTIVE DATE: February 15, 1992 (Secretary of State Rule Log #92-3)
AMENDED: November 1, 1997 (Secretary of State Rule Log #97-48)