Ga. Comp. R. & Regs. R. 92-3-.01 - Application; Information

(1) This chapter applies to chemical analysis of a person's blood, breath or urine for the purpose of determining whether such person is under the influence of alcohol or drugs where such tests are required or authorized under the laws of this state. It does not apply to analysis of breath, blood or other bodily substances for other purposes, including, but not limited to, those:

(a) Performed in conjunction with a postmortem examination;

(b) Conducted by personnel employed by the Division of Forensic Sciences or by personnel employed by an agency of the United States;

(c) Performed pursuant to a court order;

(d) Performed as a condition of probation, parole or pretrial release;

(e) Performed for the purpose of determining paternity;

(f) For initial breath alcohol screening (except where explicitly addressed);

(g) For the purpose of preliminary testing for alcohol or drugs by law enforcement before submission of samples to a laboratory for confirmatory testing;

(h) For DNA analysis; or

(i) For the purpose of medical diagnosis or treatment.

(2) Requests concerning the rules or laws administered by the Georgia Bureau of Investigation, Division of Forensic Sciences relative to the methods approved for breath, blood or urine analysis, pursuant to this Chapter, shall be made in writing to the Director, Division of Forensic Sciences of the Georgia Bureau of Investigation.

Notes

Ga. Comp. R. & Regs. R. 92-3-.01

O.C.G.A. Secs. 6-2-5.1, 27-3-7, 35-3-154, 40-6-392, 52-7-12.

Original Rule entitled "Information" adopted. F. Apr. 11, 1986; eff. May 1, 1986. Amended: F. Aug. 31, 1998; eff. Sept. 20, 1998. Amended: Rule retitled "Application; Information". F. Feb. 24, 2000; eff. Mar. 15, 2000. Amended: F. Mar. 26, 2010; eff. Apr. 15, 2010.