There are specific regulations that apply to DWI/DUI breath tests. If these regulations are not met, it is possible to have the DWI/DUI charges against you dropped. An experienced Maryland, Virginia, or Washington, D.C. DWI/DUI attorney at Portner & Shure, P.A. can help you understand your options.
DWI/DUI breath test regulations include:
- There must be a record of monthly maintenance check by a properly certified maintenance technician with an approved .08% reference solution and the results must be between 0.072% and 0.088%.
- The operator must be a police officer, a full-time laboratory technician of a participating agency, an employee of the toxicologist, must have successfully completed "the Basic Breath Test Operator Course" approved by the toxicologist, and must have been initially certified within the last 15 months or recertified within the last 13 months.
- Operators must perform at least one test per month or provide a reason in their Breath Test Operator's Log.
- The following records are required to be kept:
- Alcohol Testing Program Log
- Operators must maintain a permanent Breath Test Operator's Log
- Alcohol Influence Summary Report
- Breath Test Instrument Field Inspection Report Form
- All agencies conducting breath tests must be properly approved.
- Each agency must have a Breath Test Supervisor.
- Each agency must send an exact photocopy of the Alcohol Testing Program Log and Breath Test Operator's Log to the toxicologist on a monthly basis no later than the 15th of each month for the proceeding month.
- The Alcohol Influence Summary must be sent by the Breath Test Supervisor to CTAU (Chemical Test for Alcohol Unit) every month.
- The person to be tested must have had nothing to eat or drink, must not have placed any foreign substances in his or her mouth or respiratory tract, and must not smoke 20 minutes prior to the time a breath sample is taken. The subject shall be observed and mouth checked.
- The proper test sequence must be followed, including valid blank tests and alcohol reference solution tests with results between 0.072% and 0.088%.
- Alcohol reference solutions must be approved by the toxicologist.
- The Intox EC/IR must be certified.
If the following procedures are not complied with, that failure can result in the suppression of breath test evidence at trial and could lead to acquittal and a not guilty verdict.
