DUI Breath Test Techniques and Methods

In the Texas Administrative Code, the rules can be found in Title 37 of the Public Safety and Corrections and in Part 1 of the Texas Department of Public Safety. Chapter 19 applies to breath alcohol testing resolutions are found in subchapter A for breath alcohol testing regulations. The rules for breath testing techniques and methods are found in Rule 19.3.

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Rule §19.3 the Techniques of DWI Breath Testing

The provisions of this §19.3 adopted to be effective January 12, 2015. Rule 19.3 provides:

(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.

Source Note: The provisions of this §19.3 adopted to be effective January 12, 2015, 40 TexReg 250.

This article was last updated on Friday, April 21, 2017.

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