1. (a) Breath alcohol testing shall be performed with instruments, accessories, and calibrating units and devices which meet the requirements specified in Health and Safety Code section 100701.

2. (b) Such instruments may be used for the testing of breath samples in places other than forensic alcohol laboratories and by persons other than forensic alcohol analysts only if such places and persons are under the direct jurisdiction, or affiliated with, a governmental agency or forensic alcohol laboratory.

   1. (1) The breath sample shall be collected only after fifteen continuous minutes during which time the subject must not have ingested alcoholic beverages or other fluids, regurgitated, vomited, eaten, or smoked.

Note: Authority cited: Section 100703, Health and Safety Code. Reference: Sections 100700 and 100701, Health and Safety Code.

History

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

2. Repealer of subsection (c) filed 12-20-85 as an emergency; effective upon filing (Register 85, No. 52). A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 4-21-86.

3. Certificate of Compliance transmitted to OAL 4-8-86 and filed 5-8-86 (Register 86, No. 19).

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