(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 from oral fluid
drug screening devices.
(2) Definitions and Abbreviations:
(a) Drug. Any substance, when taken
into the human body, which can impair the ability of a person to
operate a vehicle safely.
(b) Negative Result. A negative
result indicates the samples is drug-free for the tested targets or
below the cutoff level of the test.
(c) 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 drug 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 ten
minutes.
(d) Oral Fluid.
A clear, tasteless fluid comprised of saliva produced by multiple
salivary glands, and other constituents inside the mouth.
(e) Positive Result. A positive
result indicates presence of the drug, its metabolites, or
cross-reacting substance but does not indicate level of intoxication,
administration route or concentration in the oral fluid. A positive
test result should be confirmed by a second test LC/MS
(liquid chromatography-mass spectrometry).
(3) Approved
Training. Training afforded by the manufacturer of an approved device
and/or training received from the Alabama Department of Forensic
Sciences 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 an officer for a period of ten minutes before the
screening device test is administered.
(c) The subject should not eat,
drink, or smoke ten minutes prior to giving a sample.
(5) Quality Control
Tests and Maintenance.
(a) Quality
control (QC) tests and annual maintenance shall be conducted per
manufacturer's operational procedure.
(b) The device is working properly
if the QC test(s) pass.
(c) QC test(s) should be conducted
at the time of testing or within 24 hours of the subject
test.
(6)
Training and Maintenance 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 manual maintenance results on each device
in use by the law enforcement agency.
(7) Approved Field Sobriety Drug
Screening Device List.
NOTE: For the purpose of this rule, variations or
enhancements that do not have any bearing on the drug detecting
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.