(1)
Purpose. This rule list the approved "FIELD BREATHALYZER or OTHER
APPROVED DEVICE" as referred to by §
32-6-49.13
Code of Ala. 1975, as amended. Additionally,
this rule describes training requirements and minimal operational
criteria necessary for accurate and reliable results.
(2) Definitions and Abbreviations:
(a)
Alcohol. For
the purpose of this rule, use of the term alcohol shall refer to
ethanol or ethyl alcohol unless otherwise specified.
(b)
Observation.
For the purpose of this rule, use of the term observation shall mean
to watch. Prior to the administration of a field sobriety screening
test employing an approved field sobriety screening device a subject
must be under the observation of the operator of the device or other
law enforcement officer for a period of not less than twenty
minutes.
(3)
Approved Training. Training afforded by the manufacturer of an
approved device and/or training received as a part of the Alabama
Preliminary Breath Testing Instrument course shall constitute
approved training.
(4)
Operation of Devices.
(a) Officers
shall use the device according to the manufacturer's operational
procedure.
(b) Every
subject must be under observation by the arresting officer for a
period of twenty minutes before the screening device test is
administered.
(5) Calibration. Calibration shall
be checked every twelve (12) months. The device passes the
calibration check if it renders a reading between 0.030 g/210L and
0.050 g/210L inclusive on a 0.040 g/210L percent standard delivered
from either a wet bath simulator or a dry gas cylinder.
(6) Training and Calibration
Records. It shall be the responsibility of each law enforcement
agency to maintain permanent records documenting the training of each
officer in the use of approved field sobriety screening devices and
the annual calibration check results on each device in use by the law
enforcement agency.
(7)
Approved Field Sobriety Alcohol Screening Device List.
NOTE: For the purpose of this rule,
variations or enhancements that do not have any bearing on the
alcohol measuring capability of the instrument, such as the addition
of a modem, external printer or passive sampling systems are
approved.
The list of field sobriety alcohol screening devices
approved for use in Alabama can be found by following the link on the
Department's web page at www.adfs.alabama.gov.
Notes
Ala. Admin. Code r. 370-1-1-.05
New Rule: Filed
July 24, 1996; effective August 28, 1996. Amended: Filed July 7,
2003; effective August 11, 2003.
Amended by
Alabama
Administrative Monthly Volume XXXVI, Issue No. 08, May 31,
2018, eff. 6/24/2018.
Authors: Dale A. Carpenter, Mark A.
Pevey, Curt E. Harper, Gregory L. Turner
Statutory Authority:
Code
of Ala. 1975, §
32-6-49.13,
as amended.