Ala. Admin. Code r. 370-1-1-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 370-1-1-.05 - Field Sobriety Alcohol Screening Devices

(1) Purpose. This rule list the approved "FIELD BREATHALYZER or OTHER APPROVED DEVICE" as referred to by § 32-6-49.13Code of Ala. 1975, as amended. Additionally, this rule describes training requirements and minimal operational criteria necessary for accurate and reliable results.

(2) Definitions and Abbreviations:

(a)Alcohol. For the purpose of this rule, use of the term alcohol shall refer to ethanol or ethyl alcohol unless otherwise specified.

(b)Observation. For the purpose of this rule, use of the term observation shall mean to watch. Prior to the administration of a field sobriety screening test employing an approved field sobriety screening device a subject must be under the observation of the operator of the device or other law enforcement officer for a period of not less than twenty minutes.

(3) Approved Training. Training afforded by the manufacturer of an approved device and/or training received as a part of the Alabama Preliminary Breath Testing Instrument course shall constitute approved training.

(4) Operation of Devices.

(a) Officers shall use the device according to the manufacturer's operational procedure.

(b) Every subject must be under observation by the arresting officer for a period of twenty minutes before the screening device test is administered.

(5) Calibration. Calibration shall be checked every twelve (12) months. The device passes the calibration check if it renders a reading between 0.030 g/210L and 0.050 g/210L inclusive on a 0.040 g/210L percent standard delivered from either a wet bath simulator or a dry gas cylinder.

(6) Training and Calibration Records. It shall be the responsibility of each law enforcement agency to maintain permanent records documenting the training of each officer in the use of approved field sobriety screening devices and the annual calibration check results on each device in use by the law enforcement agency.

(7) Approved Field Sobriety Alcohol Screening Device List.

NOTE: For the purpose of this rule, variations or enhancements that do not have any bearing on the alcohol measuring capability of the instrument, such as the addition of a modem, external printer or passive sampling systems are approved.

The list of field sobriety alcohol screening devices approved for use in Alabama can be found by following the link on the Department's web page at www.adfs.alabama.gov.

Ala. Admin. Code r. 370-1-1-.05

New Rule: Filed July 24, 1996; effective August 28, 1996. Amended: Filed July 7, 2003; effective August 11, 2003.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 08, May 31, 2018, eff. 6/24/2018.

Authors: Dale A. Carpenter, Mark A. Pevey, Curt E. Harper, Gregory L. Turner

Statutory Authority:Code of Ala. 1975, § 32-6-49.13, as amended.