Current through Register Vol. XLI, No. 50, December 13, 2024
Section 64-10-3 - Definitions3.1. Agency means a law enforcement agency in the state engaging in breath, blood, and/or urine alcohol testing.3.2. Alcohol means ethyl alcohol and may include methyl alcohol and isopropyl alcohol.3.3. Alcohol breath analysis means chemical testing of a sample of a person's expired breath, using a breath test instrument designed for that purpose, in order to determine the concentration of alcohol in the person's blood.3.4 Alveolar composition means deep lung air or end-expiratory breath.3.5 Bureau means the West Virginia Bureau for Public Health.3.6 Calibrating unit means a device designed to produce a predictable alcohol concentration reading on a breath alcohol test instrument.3.7 Certified instrument operator means a person who has successfully completed a specialized training program and has been certified by the Bureau to perform breath alcohol testing using instruments approved for that purpose.3.8 Chemical Test or Testing means an analysis performed on a biological material, including, but not limited to breath, blood, or urine, to determine the identity or concentration, or both, of particular constituents such as alcohol or controlled substances. Test procedures may rely on one or more physical or chemical properties of the constituents and use instrumental or chemical analysis techniques to accomplish the determination.3.9 Commissioner means the commissioner of the West Virginia Bureau for Public Health or his or her lawful designee.3.10 Dry gas standard means a sealed pressurized sample of gas that contains a predictable alcohol concentration that can be used to verify the accuracy of breath test instruments.3.11 Evidential test sequence means one adequate blank analysis, one adequate reference standard analysis, one adequate blank analysis, one adequate breath sample analysis, one adequate blank analysis, a second adequate reference standard analysis, and one adequate blank analysis.3.12 Instrument means an item or combination of items of equipment designed to make a measurement of alcohol concentration.3.13 Instrument blank analysis means a test of an ambient air sample to ensure that the instrument produces a zero result.3.14 Lot means an entire quantity batch of a reference standard.3.15 Qualitative breath alcohol analysis means a test of a person's breath, the results of which indicate the presence or absence of alcohol.3.16 Quantitative breath alcohol analysis means a chemical test of a person's breath that yields a specific result in grams of alcohol per 210 liters of breath.3.17 Reference standard means an aqueous ethanol solution compounded for use in a calibrating unit which, when equilibrated with air yields a predictable alcohol concentration or a sealed pressurized sample of gas that contains a predictable alcohol concentration that can be used to inspect or verify the accuracy of breath test instruments.3.18 Secondary breath analysis means an evidentiary chemical test of a person's breath to determine the presence and/or concentration of alcohol.3.19 Simulator Solution means an aqueous standard ethanol solution which, when equilibrated with air in a breath simulator instrument produces an air-alcohol mixture of a predictable concentration (i.e., 0.02-0.20 grams W/V) that can be used to inspect or verify the accuracy of breath test instruments.3.20 Simulator Test means the testing of a sample of simulator solution vapor, using a breath test instrument in order to verify the accuracy of the breath test instrument.3.21 W/V means weight divided by volume.