GroundRules
6VAC40-20-170: Preliminary breath test device
Where this section sits in the code
- Title 6. Criminal Justice And Corrections
- Agency 40. Department of Forensic Science
- Chapter 20. Regulations for Breath Alcohol Testing
- Part III. Preliminary Breath Tests Under §§ 18.2-267, 29.1-738.1 and 46.2-341.25 of the Code of Virginia
- Article 5. Forms and Records
All preliminary breath tests shall be performed on a preliminary breath test device approved by the department. Such devices shall offer convenience and efficiency in operation as determined by the department and shall also satisfy the requirements of either subdivision 1 or 2 of this section.
1. For instruments having a numeric readout, the device shall have a systematic error not exceeding ±10%.
2. For instruments having a pass/fail, colored light readout, the device shall satisfy the following specifications:
a. When a sample of breath is properly taken from a person with an actual blood alcohol concentration of 0.05% or less by weight by volume or 0.05 grams of alcohol per 210 liters of breath, the device shall not indicate a positive result.
b. When a sample of breath is properly taken from a person with an actual blood alcohol concentration of 0.08% or more by weight by volume or 0.08 grams of alcohol per 210 liters of breath, the device shall not indicate a negative result.
Collected 2026-09-14T04:47:20Z. Source file · JSON