5 Colo. Code Regs. § 1005-2-4.2

Current through Register Vol. 47, No. 20, October 25, 2024

Section 5 CCR 1005-2-4.2 - [Effective until 11/14/2024] Pre-Analytic EBAT requirements include:

4.2.1 Unless otherwise provided by law, at the request of the subject, the subject must be given a choice of which type of evidential chemical test (evidential breath or blood alcohol) they prefer to take to determine the alcohol concentration in their body, or the choice to refuse either evidential chemical test. Nothing in this rule is intended to exempt or exonerate an individual from the penalties proscribed in Sections 42-4-1301.1 and 42-4-1301.2, C.R.S., or any other relevant law, for the failure to submit to such test.

4.2.2 Ensure the certified EBAT instrument is in the "Ready" mode. If the certified EBAT instrument is in "Not Ready" mode, wait until the instrument completes the warm-up period prior initiating any testing.

4.2.3 Completion of a 20-minute deprivation period must be conducted at the approved EBAT facility by a certified EBAT instructor or operator that is in an active status that must include;

4.2.3.1 Removal of any foreign material from the subject's mouth cavity that is not permanent in nature, prior to starting the 20-minute deprivation period, and

4.2.3.2 Depriving the subject access to foreign material that may be introduced into the mouth cavity during the 20-minute deprivation period, and

4.2.3.3 Observing the subject for signs of belching, regurgitation, or intake of any foreign material into the mouth cavity during the 20-minute deprivation period. If such observations occur, the 20-minute deprivation period must be repeated under the same conditions prior to testing.

4.2.4 Entry of the certified EBAT instructor or operator information into the certified EBAT instrument.

4.2.5 Entry of the arresting officer information into the certified EBAT instrument.

4.2.6 Entry of the subject information into the certified EBAT instrument to include the start time of the 20-minute deprivation period.

5 CCR 1005-2-4.2

41 CR 04, February 25, 2018, effective 3/17/2018

42 CR 02, January 25, 2019, effective 2/14/2019