1. (1) A peace officer shall:

   1. (a) complete training provided by the law enforcement agency with which they are employed on the proper use of a portable breath testing instrument before use of a portable breath testing instrument in connection with any type of investigation, including a DUI or drug related arrest; and

   2. (b) ensure that the use of portable breath testing instrument:

      1. (i) complies with this rule and
      2. (ii) is consistent with manufacturer and industry standards.

2. (2) A portable breath test:

   1. (a) shall only be conducted:

      1. (i) after the standardized field sobriety tests have been administered if administered in connection with a DUI investigation; and
      2. (ii) when there is evidence of impairment based on the totality of the circumstances; and
   2. (b) may not be the primary factor upon which a decision to arrest is made.

3. (3) Portable breath testing:

   1. (a) is voluntary for the subject of the investigation; and
   2. (b) may be refused by the subject of the investigation.

4. (4) When administering a portable breath test, a peace officer shall:

   1. (a) ensure that the sample obtained is valid and free of potential tampering; and
   2. (b) conduct the test with the cooperation of the subject of the investigation.
5. (5) A portable breath testing instrument shall provide the peace officer with a test result that reflects the breath alcohol concentration of the subject of the investigation.
6. (6) The results of a portable breath test shall be documented and included in the peace officer's report through inclusion of a hand-written positive, negative, or actual test result.
7. (7) In instances where a portable breath test is administered, a peace officer should obtain a follow-up test, such as an intoxylizer test or a blood draw, for evidentiary purposes.

KEY: alcohol, breath testing, oral fluid testing, portable breath testing

Date of Last Change: December 23, 2024

Authorizing, and Implemented or Interpreted Law: 53-25-102