500 KAR 8:030. Administration of breath alcohol tests and chemical analysis tests

Link to law: http://www.lrc.ky.gov/kar/500/008/030.htm
Published: 2015

      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.)
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