1. (a) Methods for forensic alcohol analysis shall meet the following standards of performance:

   1. (1) The method shall be capable of the analysis of a reference sample of known alcohol concentration within accuracy and precision limits of plus or minus 5 percent of the value; these limits shall be applied to alcohol concentrations which are 0.100% or higher. If the value is lower than 0.100%, the result must be within plus or minus 0.005;
   2. (2) The method shall be capable of the analysis of ethyl alcohol with a specificity which is adequate and appropriate for traffic law enforcement.
   3. (3) The method shall be free from interference from anticoagulants and preservatives added to the sample;
   4. (4) Blood alcohol results on post-mortem samples shall not be reported unless specifically identified as ethyl alcohol; and
   5. (5) The method shall give a test result which is always less than 0.01 grams of alcohol per 100 milliliters of blood when living subjects free of alcohol are tested.
2. (b) The ability of methods to meet the standards of performance set forth in this Section shall be evaluated by a forensic alcohol analyst using a laboratory's proficiency test results and such ability must meet the requirements of these regulations.

Note: Authority cited: Section 100703, Health and Safety Code. Reference: Section 100700, Health and Safety Code.

History

1. Amendment filed 11-24-75; effective thirtieth day thereafter (Register 75, No. 48).

2. Amendment of section and new Note filed 1-26-2017; operative 4-1-2017 (Register 2017, No. 4).