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10.35.02.00.htm 10.35.02.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 35 POSTMORTEM EXAMINERS COMMISSION Chapter 02 Testing Blood and Breath for Alcohol Authority: Courts and Judicial Proceedings Article, §10-304 and 10-306; Health-General Article, §5-307 and 5-311; Annotated Code of Maryland
10.35.02.01.htm 10.35.02.01. 01 Scope.. This chapter establishes training and certification criteria of personnel performing tests of breath and blood for the purpose of determining the alcohol content of drivers suspected of driving while impaired or under the influence of alcohol and approval and certification criteria for equipment used in conducting these tests.
10.35.02.02.htm 10.35.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Agency" means any law enforcement agency approved to test breath or blood for alcohol content.. 2) “Alcohol" means ethyl alcohol (ethanol). 3) “Alcohol gas standard” means a container of compressed gas containing a specific concentration of alcohol.4) “Alcohol reference solution” means a water solution containing a specific concentration of alcohol.5) “Breath sample” means
10.35.02.03.htm 10.35.02.03. 03 Alcohol Tests — General.. A. Alcohol Concentration of Breath. The alcohol concentration of breath shall be reported as grams of alcohol per 210 liters of breath (g/210L)B. Alcohol Concentration of Blood. The alcohol concentration of blood shall be reported as grams of alcohol per 100 milliliters of blood (g/100 mL)C. Uncertainty.. 1) For breath tests for alcohol content, the accepted scientific uncertainty in measurement is plus or minus 0.005 g/210L or 10 percent of the average
10.35.02.04.htm 10.35.02.04. 04 Preliminary Tests of Breath for Alcohol.. A. PBT Devices.. 1) The Toxicologist shall:. a) Approve the make and model of PBT devices used in the State; and. b) Maintain a list of approved make and model PBT devices.. 2) At the time of approval by the Toxicologist, the make and model PBT device shall be on the most recently updated Conforming Products List of Evidential Breath Alcohol Measurement Devices published in the Federal Register by the National Highway Tr
10.35.02.05.htm 10.35.02.05. 05 Evidentiary Tests of Breath for Alcohol: Testing Agencies and Training Programs.. A. Testing Agencies.. 1) An agency desiring approval to conduct evidentiary breath tests shall make a written request to the Toxicologist.2) An agency requesting approval to conduct breath tests shall:. a) Offer 24-hour law enforcement service;. b) Provide an environmentally controlled area and a phone line exclusively for the breath testing instrument;
10.35.02.06.htm 10.35.02.06. 06 Evidentiary Tests of Breath for Alcohol: Personnel — Training.. A. Breath Test Operator.. 1) Initial Certification as a Qualified Person.. a) To become a qualified breath test operator, a qualified person shall be:. i) A full-time law enforcement officer of an agency approved to conduct breath tests;. ii) A full-time laboratory technician of an agency approved to conduct breath tests;. iii) An employee of the Toxicologist; or. iv) Any individual designated by the Toxicologist..
10.35.02.07.htm 10.35.02.07. 07 Evidentiary Tests of Breath for Alcohol: Personnel — Duties.. A. Breath Test Operator.. 1) A breath test operator shall:. a) Perform breath tests for alcohol in accordance with training;. b) Perform at least one test per month, either a subject or simulation test;. c) Notify CTAU of the following:. i) Test results that deviate greater than plus or minus 10 percent of the stated concentration for any validation test; or
10.35.02.08.htm 10.35.02.08. 08 Evidentiary Tests of Breath for Alcohol: Instruments and Testing Procedures.. A. Breath Testing Instruments.. 1) The Toxicologist shall approve all instruments to be used in the State for the purpose of testing breath for alcohol content pursuant to Courts and Judicial Proceedings Article, §10-302 and 10-304, Annotated Code of Maryland.2) An agency shall only use an instrument that has been approved by the Toxicologist.. 3) An individual may receive a copy of the list of
10.35.02.09.htm 10.35.02.09. 09 Evidentiary Tests of Blood for Alcohol.. A. Laboratories and Procedures for Analysis.. 1) Laboratories.. a) The Department of Maryland State Police Forensic Sciences Division is an approved laboratory to conduct tests of blood for alcohol.b) Approval by the Toxicologist of any other laboratory is required before it may perform any test of blood for alcohol in accordance with of the Courts and Judicial Proceedings Article, §10-304, Annotated Code of Maryland.
10.35.02.9999.htm 10.35.02.9999. Administrative History Effective date: October 4, 2010 (37:20 Md. R. 1394).
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