500 KAR 8:030. Administration of breath alcohol tests and
chemical analysis tests.
RELATES TO: KRS
189A.103
STATUTORY
AUTHORITY: KRS 15A.160, 189A.103
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 189A.103(3)(a) requires the cabinet to promulgate
administrative regulations establishing procedures for administering breath
alcohol tests and chemical analysis tests of blood and urine. This administrative
regulation establishes procedures for administering those tests.
Section 1. The
procedures established in this section shall apply to breath alcohol tests.
(1) A certified
operator shall have continuous control of the person by present sense
perception for at least twenty (20) minutes prior to the breath alcohol
analysis. During that period the subject shall not have oral or nasal intake of
substances which will affect the test.
(2) A breath
alcohol concentration test shall consist of the following steps in this
sequence:
(a) Ambient air
analysis;
(b) Alcohol
simulator analysis;
(c) Ambient air
analysis;
(d) Subject breath
sample analysis; and
(e) Ambient air
analysis.
(3) Each ambient
air analysis performed as part of the breath alcohol testing sequence shall be
less than 0.02 alcohol concentration units.
Section 2. The
procedures established in this section shall apply regarding chemical tests of
blood for alcohol or other substances.
(1) The blood
sample shall be collected in the presence of a peace officer, or, at the
direction of the officer, another person who can authenticate the sample.
(2) The blood
sample shall be collected by a person authorized to do so by KRS 189A.103(6).
(3) The blood
sample shall be collected by the following method:
(a) Ethyl alcohol
(ethanol) shall not be used to clean the skin where a blood sample is to be
collected; and
(b) Blood
collecting containers shall not contain an anticoagulant or preservative which
will interfere with the intended analytical method.
(4) Individual
blood collecting containers shall be labeled to provide the following
information:
(a) The name of
the person from which the blood sample is collected;
(b) The date and
time the blood sample is collected;
(c) The name of
the person and agency collecting the blood sample;
(d) The name of
the officer and agency requesting the collection of the blood sample; and
(e) The complete
uniform citation number if available.
(5) The blood
sample shall be delivered to a forensic laboratory branch of the Department of
State Police or other clinical laboratory as designated by the State Police.
Section 3. The
procedures established in this section shall apply regarding chemical analysis
of urine for substances of abuse or impairment including alcohol.
(1) A urine sample
shall be collected in the presence of a peace officer, or, at the direction of
the officer, another person who can authenticate the sample. The witnessing
person shall be of the same sex as the person providing the urine sample.
(2) The urine
sample shall be collected from the subject person's voiding of his or her
bladder. This urine sample may be tested for substances of abuse or impairment
including alcohol.
(3) The urine
sample shall be collected in a clean, dry container. Preservatives shall not be
used.
(4) The urine
sample container shall be labeled to provide the following information:
(a) The name of
the person from whom the urine sample is collected;
(b) The date and
time the urine sample is collected;
(c) The name of
the person and agency collecting the urine sample;
(d) The name of
the officer and agency requesting the collection of the urine sample; and
(e) The complete
uniform citation number if available.
(5) The urine
sample shall be delivered to a forensic laboratory branch of the Department of
State Police or other clinical laboratory as designated by the State Police. (18 Ky.R. 565; Am. 1132;
eff. 11-8-1991; 30 Ky.R. 2103; 2291; eff. 5-24-2004; 40 Ky.R. 2219; 2692; eff.
7-7-2014.)
