Sunday, November 18, 2007

Manufacturer's 15 minute continuous observation req. for San Diego PD DUI breath test

San Diego California DUI criminal defense lawyers deal with San Diego Police Department's 8000 breath test machine.

The Manufacturer requires a strict Observation Period to be conducted on all subjects prior to any breath test and must be conducted on all subjects being tested in non-Jail Release testing situations.

The San Diego DUI arrestee is not allowed to vomit, regurgitate, eat, drink, smoke, chew or take anything orally for at least fifteen (15) minutes prior to submitting the breath sample. (Also per Title 17, California Code of Regulations, Section 1219.3)

The Manufacturer requires this minimum 15 minute continuous observation prior to testin in order to eliminate and ensure no possibility of residual alcohol or mouth contamination causing a falsely elevated breath test result that does not reflect the subject’s true BAC.

Here's the relevant excerpt for the San Diego DUI 8000 breath test machine:

INTOXILYZER 8000 OPERATOR’S GUIDE

2.0 STEP ONE – PREPARING TO CONDUCT A TEST

The Operator’s Checklist

When preparing to conduct a breath test, it is helpful for the operator to know which Test Sequence they intend to utilize (see section on Selecting a Test Method below). If the operator intends to conduct a Jail Release Test, there is no need to make use of an Intoxilyzer 8000 Operator’s Checklist. In all other cases, it may be helpful for an operator to take advantage of the Operator Checklist. To obtain a checklist, the operator may press the “F2” key on the instrument keyboard. Although strongly recommended, use of an Operator’s Checklist by the operator is not required to successfully complete the testing process. A sample checklist is also contained as Appendix A in this guide.

Pre-test Observation Period

The first and most important step in the breath testing process is the Pre-test Observation Period. The Pre-test Observation Period should be conducted on all subjects prior to any breath test and must be conducted on all subjects being tested in non-Jail Release testing situations. The subject is not allowed to vomit, regurgitate, eat, drink, smoke, chew or take anything orally for at least fifteen minutes prior to submitting the breath sample. This is to ensure there is no possibility of residual alcohol or mouth contamination causing a result that does not reflect the subject’s true blood alcohol concentration. The Intoxilyzer does monitor the breath sample throughout the entire delivery and will automatically abort the testing sequence if any abnormalities are detected. By observing the fifteen minute observation period, however, the possibility of residual mouth alcohol contamination is eliminated. The Pre-Test Observation Period is recommended when using the Jail Release Test Sequence and required in all other testing situations.