Requirements For Performing Breath Alcohol Testing

01. Instruments. Instrument models incorporated by reference in Section.02.01 of this rule shall be approved by the department. Each breath testing instrument must be certified by the department. The department may revoke instrument approval for cause. (7-1-25) 02. Report. Each direct breath testing instrument shall report alcohol concentration as grams of alcohol per two hundred ten (210) liters of breath. (3-23-22) 03. Administration. Breath tests must be administered by a certified operator and follow department standards. Standards shall be developed for each type of breath testing instrument used in Idaho, and such standards shall be issued in the form of Idaho administrative rules, ISPFS analytical methods, and ISPFS standard operating procedures. (7-1-25) a. Prior to administering the monitoring period, any foreign objects/materials which have the potential to enter the instrument/breath tube or may present a choking hazard (e.g. gum, chewing tobacco, food) should be removed. (3-23-22) b. The operator shall administer a monitoring period prior to evidentiary testing. (3-23-22) c. If mouth alcohol is suspected or indicated by the testing instrument, the operator shall restart another fifteen (15) minute monitoring period if repeating the testing sequence. If during the monitoring period the subject/individual vomits or regurgitates material from the stomach into the breath pathway, the monitoring period should start over. If there is doubt as to the events occurring during the monitoring period, the operator should evaluate the instrument results for any indication of mouth alcohol. (7-1-25) d. A complete breath alcohol test includes two (2) valid breath samples, preceded by air blanks, taken at least two (2) minutes apart. If the subject fails or refuses to provide two (2) adequate samples as requested by the operator, a single sample result shall be considered a valid test only if the observation period has been met. For hygienic reasons, the operator should use a new mouthpiece for each subject tested. (7-1-25) e. Operators may end testing, repeat testing, or request a blood draw as needed. If a subject fails or refuses to provide adequate samples as requested by the operator, the results obtained are considered valid, provided the failure to supply the samples was the fault of the subject and not the operator. (7-1-25) f. Additional breath samples shall, when possible, be collected if the results differ by more than zero point zero two (0.02) g/210L alcohol. Unless mouth alcohol is indicated or suspected, it is not necessary to repeat the monitoring period prior to obtaining additional breath samples. (7-1-25) g. The breath sample results should correlate within zero point zero two (0.02) g/210L alcohol to show consistent sample delivery, indicate the absence of RFI, and to indicate the absence of alcohol contamination in the subject breath pathway as a contributing factor to the breath results. (7-1-25) h. In the event of an instrument failure, the operator should attempt to utilize another instrument or have blood drawn. (3-23-22) 04. Training. Each operator shall successfully complete a training course approved by the department on each instrument model used. Operator certifications are valid for two (2) years from the course completion date. The department may revoke certification for cause. (7-1-25) 05. Performance Verification Checks. Each instrument shall be checked for accuracy with an approved performance verification standard. Performance verification checks shall be performed and documented according to a procedure established by the department. The official time and date of the performance verification is IDAHO ADMINISTRATIVE CODE IDAPA 11.03.01 Idaho State Police – State Forensic Laboratory Rules Governing Alcohol Testing Section 014 Page 7 the time and date recorded on the printout, or the time and date recorded in the log. (7-1-25) a. A performance verification check shall occur within twenty-four (24) hours before or after an evidentiary test. For portable instruments, multiple breath alcohol tests may be covered by a single performance verification. (7-1-25) b. A performance verification on a portable instrument consists of two (2) samples at either the zero point zero eight (0.08) or zero point two zero (0.20) level. Both samples must be run with the same performance verification standard. Three (3) attempts at obtaining an acceptable performance verification are allowed. Troubleshooting measures may be employed during this process. If the verifications fail, the instrument shall be taken out of service and not be returned to service until it has been calibrated and certified by ISPFS. (7-1-25) c. A performance verification acquired during a breath testing sequence on an approved benchtop instrument consists of one (1) sample at either the zero point zero eight (0.08) or zero point two zero (0.20) level. A performance verification acquired outside the breath testing sequence on an approved benchtop instrument consists of two (2) samples at either the zero point zero eight (0.08) or zero point two zero (0.20) level. Three (3) attempts at obtaining an acceptable performance verification are allowed. Troubleshooting measures may be employed during this process. If the verifications fail, the instrument must be taken out of service and not be returned to service until it has been calibrated and certified by ISPFS. (7-1-25) d. Performance verification checks must be within +/- 10% of the standard’s target value. (7-1-25) e. A wet bath zero point zero eight (0.08) standard should be replaced with fresh standard approximately every twenty-five (25) verifications or every calendar month, whichever comes first. Closed loop, recirculating system should replace standards approximately every one hundred (100) verifications or every calendar month, whichever comes first. (7-1-25) f. Wet bath zero point two zero (0.20) standards should be replaced with fresh standard approximately every twenty-five (25) verifications. (7-1-25) g. Dry gas standards may be used continuously until spent or expired. (7-1-25) h. Standards should not be used beyond the expiration date. (7-1-25) i. If Section 18-8004C, Idaho Code, is applicable, a zero point two zero (0.20) performance verification must be run and documented once per calendar month. Failure to perform this will not invalidate any tests where Section 18-8004C, Idaho Code, is not applicable. A zero point two zero (0.20) performance verification does not need to be performed within twenty-four (24) hours of a breath test in excess of zero point two zero (0.20) g/ 210L alcohol. (7-1-25) j. Wet bath simulator temperature shall be between thirty-three point five degrees Celsius (33.5°C) and thirty-four point five degrees Celsius (34.5°C) for valid results. (7-1-25) k. An agency may run additional performance verification levels at their discretion. (7-1-25) 06. Records. Operators must document and retain test results (i.e. written log, printout, or electronic database). and maintenance records for three (3) years. ISPFS is not responsible for storing non-ISPFS documentation. (7-1-25) 07. Deficiencies. Failure to meet conditions in Sections 013 and 014 may lead to disapproval of any laboratory or breath testing instrument until corrected. (7-1-25) 08. Standards. An approved standard shall be from a source, provider, or manufacturer of an approved standard and explicitly approved by the department. Standards from ISO 17034 (or equivalent) certified providers are approved without department evaluation. (7-1-25) 09. Minor in Possession or Minor in Consumption (MIP/MIC). Presence or absence of alcohol IDAHO ADMINISTRATIVE CODE IDAPA 11.03.01 Idaho State Police – State Forensic Laboratory Rules Governing Alcohol Testing Section 014 Page 8 determines the evidence in MIP/MIC cases. The instrumentation used in obtaining the breath sample is often the same instrumentation utilized for acquiring DUI evidence. The different standard of evidence requires different standards for the procedure. The administration of a MIP/MIC breath test should follow Subsection 014.03 with the following exceptions: (7-1-25) a. A fifteen (15) minute monitoring period is required before retesting if mouth alcohol is suspected. (7-1-25) b. The instrument used must be initially certified by ISPFS. The instrument does not need to be checked regularly or periodically with any of the zero point zero eight (0.08) or zero point two zero (0.20) standard. (7-1-25) c. The officer should have the individual being tested remove all loose foreign material from their mouth before testing. False teeth, partial plates, or bridges installed or prescribed by a dentist or physician do not need to be removed to obtain a valid test. The officer may allow the individual to briefly rinse their mouth out with water prior to the breath testing. (7-1-25) d. A complete breath alcohol test includes two (2) valid breath samples preceded by an air blank taken at least two (2) minutes apart. A deficient or insufficient sample does not automatically invalidate a test sample. The operator should use a new mouthpiece for each individual. (7-1-25) e. The operator should document results and/or retain printouts for possible use in court. (7-1-25) f. The instrument must not be in passive mode for an evidentiary subject but should only be used for testing liquids for the presence of alcohol. (7-1-25) g. The passive mode should be used for testing liquids for the presence or absence of alcohol. (7-1-25) 015. – 999. (RESERVED)