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West Virginia Administrative Code
Agency 64 - HealthTitle 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 64-10 - Methods and Standards for Chemical Tests for Intoxication
Section 64-10-4 - Preliminary Breath Analysis; Designation of Testing Instrument; Compliance with Methods and Standards Required

W. Va. Code R. § 64-10-4

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Current through Register Vol. XLI, No. 50, December 13, 2024
Section 64-10-4 - Preliminary Breath Analysis; Designation of Testing Instrument; Compliance with Methods and Standards Required
4.1. Each law enforcement agency using a preliminary breath testing instrument shall designate the testing instrument for the purpose of administering a preliminary breath analysis pursuant to W. Va. Code § 17C-5-5. The designation of the testing instrument shall be filed with the Bureau on a form provided by the Bureau available at https://dhhr.wv.gov/ols/regulatory/Documents/Designation%20of%20Instrument%20Device%20for%20Preliminary%20Testing%2064-10.pdf.
4.2. Each law enforcement agency shall comply with the methods and the standards established by this rule.
4.3. The Bureau shall maintain a registry of approved testing instruments.
4.4. All instruments used for the purpose of preliminary alcohol breath analysis shall be approved in writing by the Commissioner.
4.5. Approvals and designations of preliminary breath testing instruments in effect at the time this rule becomes effective continue in effect.

W. Va. Code R. § 64-10-4