TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: DEPARTMENT OF STATE POLICE
PART 1286 TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS
SECTION 1286.310 APPROVED EVIDENTIARY INSTRUMENT OPERATION


 

Section 1286.310  Approved Evidentiary Instrument Operation

 

The following procedures shall be used to obtain a breath sample to determine a subject's BrAC with an approved evidentiary instrument:

 

a)         Prior to obtaining a breath analysis reading from a subject, the BAO or another agency employee shall continuously observe the subject for at least 20 minutes.

 

1)         During the 20 minute observation period the subject shall be deprived of alcohol and foreign substances and shall not have vomited.

 

2)         If the subject vomits during the observation (deprivation) period, the process shall be started over by having the individual rinse the oral cavity with water.

 

3)         If the individual continues to vomit, alternate testing shall be considered.

 

b)         After starting the instrument's breath test sequence, the BAO will obey instrument prompts.  When prompted by the instrument, the BAO shall direct the subject to blow into the instrument.  The subject shall be directed to keep blowing into the instrument until he or she has submitted an adequate breath sample.  Once an adequate breath sample is collected, the instrument shall complete the test cycle and print and display the breath analysis reading.

 

c)         A breath test shall consist of only one breath analysis reading, based on the instrument's internal operational calculations.

 

1)         A complete and valid breath analysis reading is denoted by at least one air blank, one subject breath test reading, and no breakdown message.

 

2)         Messages such as "refusal", "insufficient sample", "inadequate sample", etc., are not breakdowns or malfunctions.  These messages indicate the subject's failure to adequately complete a requested test or tests.

 

(Source:  Amended at 28 Ill. Reg. 10017, effective June 30, 2004)