(a) All breath alcohol testing techniques and methods
shall meet, but not be limited to, the requirements as detailed in
this subsection:
(1) a period during which an operator is required to
remain in the presence of the subject. An operator shall remain in
the continuous presence of the subject at least 15 minutes immediately
before the test and should exercise reasonable care to ensure that
the subject does not place any substances in the mouth. Direct observation
is not necessary to ensure the accuracy of the test result;
(2) the breath alcohol testing instrument must be operated
by a certified operator or technical supervisor and only certified
personnel will have access to the instrument;
(3) a reference system used in conjunction with subject
analysis, the results of which must agree with the nominal value within
plus or minus 0.01g/210 L, or such limits as set by the scientific
director;
(4) all analytical results shall be expressed in grams
of alcohol per 210 liters of breath (g/210 L);
(5) maintenance of any specified records designated
by the scientific director;
(6) supervision of certified operators and testing
techniques by a technical supervisor meeting the qualifications set
forth in §19.5 of this title (relating to Technical Supervisor
Certification);
(7) designation that the instrumentation will be used
only:
(A) for testing subjects suspected of violating any
statute or codified rule that defines intoxication in terms of alcohol
concentration; and
(B) in compliance with §19.4(b), (c), and (e)
of this title (relating to Operator Certification).
(b) The scientific director or a designated representative
may at any time make an inspection of an evidential breath alcohol
testing facility or technical supervisor laboratory to ensure compliance
with this subchapter.
(c) Technical supervisors, when required, shall provide
expert testimony by direct testimony or by affidavit concerning the
approval of techniques and methods under their supervision.
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