Lakewood Police Department Policy and Procedure Breath Testing for Blood/Alcohol |
Effective Date: 02/01/2019 | ||
Policy Number: PP-9114 - Collection of Breath Specimen for Alcohol Determination |
A. Policy
Police Agents are responsible for conducting impaired driving investigations including administering applicable chemical testing.
The Intoxilyzer 9000 (I-9000) instrument is owned, repaired, calibrated and certified by the Colorado Department of Public Health and Environment (CDPHE) Evidential Breath Alcohol Testing (EBAT) Program. The I-9000 is provided to the Lakewood Police Department and may only be used by Certified EBAT Operators and Instructors to determine and document the level of breath alcohol content for DUI applications, or to test minors in possession in accordance with the Colorado Board of Health Rules Pertaining to the Testing of Alcohol and Other Drugs (5CCR 1005-2).
B. Procedure
1. The Intoxilyzer 9000 shall be located in a facility selected by the Patrol Division Chief and approved by CDPHE EBAT personnel. The I-9000 general maintenance and reordering of supplies shall be the responsibility of I-9000 Instructors assigned to the Property Services Section. Repairs, calibrations, and certification of the I-9000 shall be the responsibility of CDPHE.
2. The Department ensures select Agents, Property Technicians, and Community Service Officers are trained and certified in the use of the I-9000 by CDPHE. Those employees are known as Certified EBAT Operators.
3. Certified EBAT Operators are responsible for complying with all recertification requirements as established by the Colorado State Board of Health rule (5CCR 1005-2) and CDPHE.
4. The CDPHE “Intoxilyzer 9000 Operator Guide for Law Enforcement” shall be kept in close proximity to the instrument and Certified EBAT Operators are responsible for complying with the manual.
5. The CDPHE “Intoxilyzer 9000 Exception Message Guide” shall be posted next to the instrument and the certified EBAT Operators are responsible for complying with the instructions provided whenever an Exception Message is encountered during an EBAT.
6. The I-9000 will print a number of pages at the completion of a breath alcohol test that will include; the subject breath test results, a certification certificate and the Intoxilyzer Performance Report (IPR). Test results are stored in the I-9000 and may be recalled and reprinted at any time. All pages printed upon completion of an EBAT shall be provided to the police Records Section and the Department of Revenue if applicable, and based on statutory Expressed Consent requirements. All printed copies shall include any Exception Messages or unsuccessful breath sample attempts.
C. Rule
1. Only Certified EBAT Operators may use the I-9000 and must follow the procedures established by the CDPHE and in compliance with the Colorado Board of Health rule (5CCR 1005-2).