Wash. Admin. Code § 448-15-020 - Use of test results
(1) Valid
results from the PBT instruments described in WAC
448-15-010 are approved for use
to determine that a subject has consumed alcohol and establish probable cause
to place a person under arrest for alcohol related offenses or probable cause
to support issuance of a search warrant for blood to test for
alcohol.
(2) This preliminary
breath test is voluntary, and participation in it does not constitute
compliance with the implied consent statute (RCW
46.20.308).
(3) For purposes of this section, valid
results are considered those obtained by an operator following the approved
testing protocol described in WAC
448-15-030 while using an
approved PBT instrument which has been certified according to the rules
described in WAC
448-15-040.
(4) Valid results will show the test
subject's breath alcohol concentration. These results may not be used on their
own for determining, beyond a reasonable doubt, that a person's breath alcohol
concentration exceeds a proscribed level such as anticipated under the 'per se'
statutes for intoxication.
Notes
Statutory Authority: RCW 46.61.506. 08-05-029, § 448-15-020, filed 2/12/08, effective 3/14/08; 99-06-047, § 448-15-020, filed 3/1/99, effective 4/1/99.
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