500 KAR 8:030 - Administration of breath alcohol tests and chemical analysis tests
RELATES TO: KRS 189A.103
NECESSITY, FUNCTION, AND CONFORMITY: KRS 189A.103(3)(a) requires the cabinet to promulgate administrative regulations establishing procedures for administering breath alcohol tests and chemical analysis tests of blood and urine. This administrative regulation establishes procedures for administering those tests.
Section 1. The procedures
established in this section shall apply to breath alcohol tests.
(1) A certified breath test operator shall
have the person under personal observation at the location of the test for a
minimum of twenty (20) minutes prior to the breath alcohol analysis. During
that period the subject shall not have oral or nasal intake of substances which
will affect the test.
(2) A breath
alcohol concentration test shall consist of the following steps in this
sequence:
(a) Ambient air analysis;
(b) Alcohol simulator analysis;
(c) Ambient air analysis;
(d) Subject breath sample analysis;
and
(e) Ambient air
analysis.
(3) Each
ambient air analysis performed as part of the breath alcohol testing sequence
shall be less than 0.02 alcohol concentration units.
Section 2. The procedures established in this
section shall apply regarding chemical tests of blood for alcohol or other
substances.
(1) The blood sample shall be
collected in the presence of a peace officer, or, at the direction of the
officer, another person who can authenticate the sample.
(2) The blood sample shall be collected by a
person authorized to do so by
KRS 189A.103(6).
(3) The blood sample shall be collected by
the following method:
(a) Ethyl alcohol
(ethanol) shall not be used to clean the skin where a blood sample is to be
collected; and
(b) Blood collecting
containers shall not contain an anticoagulant or preservative which will
interfere with the intended analytical method.
(4) Individual blood collecting containers
shall be labeled to provide the following information:
(a) The name of the person from which the
blood sample is collected;
(b) The
date and time the blood sample is collected;
(c) The name of the person and agency
collecting the blood sample;
(d)
The name of the officer and agency requesting the collection of the blood
sample; and
(e) The complete
uniform citation number if available.
(5) The blood sample shall be delivered to a
forensic laboratory branch of the Department of Kentucky State Police or other
clinical laboratory as designated by the Department of Kentucky State
Police.
Section 3. The
procedures established in this section shall apply regarding chemical analysis
of urine for substances of abuse or impairment including alcohol.
(1) A urine sample shall be collected in the
presence of a peace officer, or, at the direction of the officer, another
person who can authenticate the sample. The witnessing person shall be of the
same sex as the person providing the urine sample.
(2) The urine sample shall be collected from
the subject person's voiding of his or her bladder. This urine sample may be
tested for substances of abuse or impairment including alcohol.
(3) The urine sample shall be collected in a
clean, dry container. Preservatives shall not be used.
(4) The urine sample container shall be
labeled to provide the following information:
(a) The name of the person from whom the
urine sample is collected;
(b) The
date and time the urine sample is collected;
(c) The name of the person and agency
collecting the urine sample;
(d)
The name of the officer and agency requesting the collection of the urine
sample; and
(e) The complete
uniform citation number if available.
(5) The urine sample shall be delivered to a
forensic laboratory branch of the Department of Kentucky State Police or other
clinical laboratory as designated by the Department of Kentucky State
Police.
Notes
STATUTORY AUTHORITY: KRS 15A.160, 189A.103
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