Section 260IAC2-4-1. Approved method for BAC DataMaster breath analysis

   (a) The approved method that shall be followed in making an analysis of breath for ethanol using the BAC DataMaster breath test instrument is as follows:

STEP ONE: The person to be tested must:

(A) have had nothing to eat or drink;

(B) not have put any foreign substance into his or her mouth or respiratory tract; and

(C) not smoke;

within fifteen (15) minutes before the time a breath sample is taken.

STEP TWO: The green LED on the instrument display must be glowing.

STEP THREE: Depress the run button, enter the password, and insert the evidence ticket.

STEP FOUR: Follow the displayed request for information, and enter the information by the keyboard.

STEP FIVE: When "please blow" appears on the display, place a new mouthpiece in the breath tube. Instruct the subject to deliver a breath sample.

STEP SIX: When the printer stops, remove the instrument report from the printer, and check it for the numerical value for the subject's breath ethanol concentration and correct date and time.

  (b) If any of the following messages are printed on the instrument report, proceed as follows:

(1) If "subject sample interferent" is printed on the instrument report, perform an additional breath test beginning with STEP ONE and proceeding through STEP SIX. If "subject sample interferent" is printed on the instrument report of this additional breath test:

(A) obtain an alternate chemical test for ethanol; or

(B) perform a breath test on another breath test instrument.

(2) If "subject sample invalid" is printed on the instrument report, perform an additional breath test beginning with STEP ONE and proceeding through STEP SIX. If "subject sample invalid" is printed on the instrument report of this additional breath test:

(A) obtain an alternate chemical test for ethanol; or

(B) perform a breath test on another breath test instrument.

(3) If "radio interference" is printed on the instrument report, locate and remove the source of the radio interference and perform an additional breath test beginning with STEP TWO and proceeding through STEP SIX. If "radio interference" is printed on the instrument report of this additional breath test:

(A) obtain an alternate chemical test for ethanol; or

(B) perform a breath test on another breath test instrument.

(4) If "subject sample incomplete" is printed on the instrument report, perform an additional breath test beginning with STEP TWO and proceeding through STEP SIX. If "subject sample incomplete" is printed on the instrument report of this additional breath test:

(A) obtain an alternate chemical test for ethanol; or

(B) perform a breath test on another breath test instrument.

If the "subject sample incomplete" was caused by the lack of cooperation of the subject, the breath test operator should record that the test was refused.

(State Department of Toxicology; 260 IAC 2-4-1; filed Jan 9, 2014, 9:29 a.m.: 20140205-IR-260130344FRA)