JAFFREY POLICE DEPARTMENT



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Massachusetts Alcoholic Beverages Control Commission Investigation and Enforcement Division

OPERATIONS MANUAL

CHAPTER: O-012

SUBJECT: Preliminary Breath Testing Device

AMENDS/SUPERSEDES: All Previous

DISTRIBUTION: All Investigators ______________________________________________________________________________

PURPOSE

To establish guidelines and procedures for the use of Intoxilyzer 400 PA, Preliminary Breath Testing device; known herein after as PBT, by the Investigators of the Investigation and Enforcement Division.

USE

Investigators shall utilize the PBT in accordance with this chapter. The Investigator’s training and experience will aid them in determining when and where to deploy this tool as well as furthering it’s credibility as an effective enforcement tool.

The use of PBT is to augment an Investigator’s substantial evidence in the detection violations of MGL Chapter 138 §69 and minors in violation of underage drinking laws. The PBT is a tool to be used to further gather information relevant to a person’s level of sobriety v. intoxication.

PBT DESCRIPTION

The Investigation and Enforcement Division utilizes the– Intoxilyzer 400 PA

The Intoxilyzer 400 PA is on the National Highway Traffic Safety Administration (NHTSA) Conforming Products List (CPL) for evidential breath measurement tools.

POLICY

A breath test shall be administered: 1) by a certified breath-test operator; 2) utilizing a certified breath-testing device and simulator; and 3) in accordance with approved breath-testing procedures.The Investigator shall adhere to the standards set forth in the following with regard to the PBT’s maintenance and use:

1. The Investigation and Enforcement Division Standard Operating Procedure.

2. Massachusetts State Police Training with regard to the maintenance & use the Division issued PBT.

3.

CONSTITUITIONAL CONSIDERATIONS

The use of PBT constitutes a search or seizure within the meaning of the US Constitution Fourth Amendment and the Massachusetts Constitution.

REFUSAL TO TAKE A PBT TEST

501 CMR 2.52: Breath Test Refusal

If after being advised of his or her rights and the consequences of refusing to take a breath test, and the individual under arrest refuses to submit to a breath test, none shall be given by the officer….

The PBT test for the purpose of DUI enforcement, is voluntary. If a subject refuses to take a PBT analysis, the significance of the analysis and refusal should be explained and documented in the Investigator’s report.

USE OF PBT TOOLS FOR ENFORCEMENT

Investigators shall only administer a PBT test after the Investigator evaluates the totality of the circumstances, and has reasonable suspicion to believe that a violation of MGL Chapter 138 §69 exists or incidents in which underage persons may be in violation of underage drinking laws, particularly when that underage individual is in control of a motor vehicle.

Any reading above 0.00 percent indicates the existence of ethyl alcohol in a person's body. The results of such tests may be used in making preliminary determinations of intoxication of an adult or that an underage individual has been consuming alcohol. Examples of factors which would support an Investigators reasonable suspicion include, but not limited to, the odor of an alcoholic beverage, the individual’s admission of alcohol consumption, physical appearance of the person, performance of field sobriety testing, or if alcohol is viewed in the persons possession.

DEPLOYMENT

The Chief Investigator or his designee shall monitor and ensure that PBT is deployed to trained Investigators. These individuals Chief Investigator or his designee shall be responsible for maintaining the records of both training and maintenance of the units assigned to Investigators.

REPORTING REQUIREMENTS

Whenever the PBT is used on a DUI suspect, the Investigator shall indicate such in his/her report. The following information shall be contained in the body of the report:

• Date and time of the test

• Test Number

• Result

The Investigator should note the number of tests performed with the instrument by recording the information on a continual basis by means of a PBT Log. Investigators shall notify the Chief Investigator or his designee should their machine become damaged and of any non-resolvable operational problems experienced with the instrument.

The Chief Investigator or his designee is responsible for reviewing the equipment report to determine if the instrument is subject to calibration or repair and make arrangement(s) with the Massachusetts State Police Office of Alcohol Testing to arrange for calibration and/or repair.

CERTIFICATION

501 CMR 2.39: Certification of Breath Testing Devices

The Office of Alcohol Testing shall annually electronically certify all breath testing instruments and simulators used in the Commonwealth. The breath testing instrument and simulator certifications shall be noted at the top of the Implied Consent Report Form. A device may be certified if it:(1) is on the list of approved devices under 501 CMR 2.38; and(2) complies with the certification requirements established by the Office of Alcohol Testing by internal policies and procedures.

501 CMR 2.40: Certification

Upon successful completion of the certification requirements in accordance with 501 CMR 2.39, a breath testing instrument and simulator shall be certified for one year. A valid certification shall contain the model number, the serial number and the effective dates of certification.

A PBT Certification form issued by the Massachusetts State Police Office of Alcohol Testing shall be issued with the PBT when it is issued to the Investigator. This form shall be kept with the Chief Investigator or his designee.

The Chief Investigator or his designee will provide the new and or replaced PBT to the Massachusetts State Police Office of Alcohol Testing where the instrument will be calibrated and certified annually. The Chief Investigator or his designee is responsible for maintaining copies of the PBT Certification Forms for each PBT owned and assigned by the Division.

The log(s) for each PBT shall be retained by the Chief Investigator or his designee and kept in each file coinciding with each PBT.

CALIBRATION

Responsibility: The Chief Investigator or his designee will provide the new and or replaced PBT to the Massachusetts State Police Office of Alcohol Testing where the instrument will be calibrated and certified annually.

TRAINING

The Chief Investigator or his designee will arrange for the operational training, by Massachusetts State Police certified trainers, required for the certification of each Investigator issued the Intoxilyzer 400 PA.

ADMINISTERING A PBT TEST

Investigators shall adhere to the following procedural sequence for testing a person using a PBT:

Investigators shall obtain consent from a subject prior to requesting a PBT or SFS test.

Be aware that detaining the person for 20 minutes without having him under arrest may infringe upon his rights.

The amount of alcohol in a properly collected breath sample is governed by the amount of alcohol in the blood of the lungs. Care must be taken to eliminate residual mouth alcohol before a test is conducted.

The manufacturer suggests observing the subject for at least 20 minutes prior to the test. To ensure the subject has not ingested any food or liquid, smoked, vomited, regurgitated, burped, or used mouth spray. Any of the aforementioned items or events will complicate the reading of the PBT.

If a subject cannot be observed for at least 20 minutes under normal circumstances, ask the subject when he/she last consumed alcohol. This may help to qualify the 20-minute observation period. Note the time of the subject's last drink on the report. Tobacco smoke shall not be blown into any PBT. The smoke will damage the fuel cell.

The subject shall be told to keep his/her hands down and away from the device. The subject shall not be permitted to handle the PBT. The Investigator will administer the test, holding the machine for the subject. The subject shall not be permitted to touch the device at any time.

Instruct the subject to blow steadily into the mouthpiece for as long as possible. The strength of the sample may affect the reading. Observe carefully to ensure the subject is blowing properly. The Investigators experience and judgment will determine when a deep lung air sample is supplied. The Investigator shall indicate the breath sample strength within the body of the report. A light sample may result in a low reading. The following actions may prevent an inadequate sample:

1. Tongue over mouthpiece.

2. Poor lip seal around mouthpiece.

3. Sucking instead of blowing.

4. Puffing.

Investigators shall advise the subject of the actual digital results at the time of the test.

Discarding the Mouthpiece. Each mouthpiece is individually wrapped. The wrapper shall be used to handle the mouthpiece. The mouthpiece shall be placed in a litterbag or other waste receptacle after handling. Mouthpieces shall be handled and disposed of in a manner that will minimize the possibility of communicable disease transmittal.

INVESTIGATOR SAFETY CONSIDERATIONS

During the time the test is being given, the Investigator could be vulnerable to an assault. The test, therefore, should be administered at a safe distance from the flow of traffic and at a place that is most advantageous to the officer. The Investigator should maintain a position of advantage throughout contact with the subject. The tool should be utilized in the officer's weak hand.

STORAGE CASE AND BATTERY REPLACEMENT

The PBT shall be stored in its case when not in use. The PBT shall never be left in the vehicle over night. Storage in cold or moderately hot environments will not harm the tool. Avoid extreme humidity and extreme cold for prolonged periods.

Never remove the battery supply pack with the instrument ON. Replace batteries on a periodic basis to ensure the unit is operational when needed.

OPERATING INSTRUCTIONS for the Intoxilyzer 400 PA

Should Investigators experience operational problems with the PBT, they shall discontinue its use and notify the Chief Investigator of his designee. No attempt shall be made to repair any part of the equipment except by those individuals authorized to calibrate the instruments.

1. DESCRIPTION:

a. The Intoxilyzer 400 PA is a pocket-sized alcohol screening tool.

(1) The CMI, Inc. Intoxilyzer 400 weighs approximately six ounces, and uses five- (5) alkaline (AA size). The CMI, Inc. Intoxilyzer 400 can be used every 15 seconds if no alcohol is encountered, or every two minutes when a positive reading has registered. (This is an approximation and dependent upon the concentration of alcohol the subject possesses.)

(2) The CMI, Inc. Intoxilyzer 400 PA uses a fuel cell to analyze the concentration of alcohol in a breath sample.

2. PROCEDURES FOR ADMINISTERING A PBT TEST

a. Each Investigator shall be certified to administer a PBT test. In doing so, the Investigator will be issued an Intoxilyzer 400 Operator’s Manual. This manual details the method a test of a subject and process by which it is attained. The Chief Investigator of his designee is available to assist any Investigator.

(1) Switch on the instrument by lightly pressing and releasing the On/Off switch.

2) There will be four (4) indicator lights, which will end, when the “WAIT” light switches on. At this point, the tool is conducting an ambient air check.

3) The tool will then display the correct time in the following format, “hh.mm” followed by the date, “mm.dd”.

4) The internal software then checks the fuel cell detector to make certain there is no residual alcohol on the indicator. The unit will automatically heat itself if the fuel cell and internal components are too cold.

5) The “WAIT” light will remain on until the fuel cell is clear of alcohol and its minimum operating temperature had been reached. Once this occurs, the “READY” light comes on, accompanied by a beep tone.

6) At this point, any warning(s) and/or error messages will appear on the LCD display.

7) The tool will indicate a test number. Each test number shall be documented to add to the PBT Log kept by the Investigator. Once the Massachusetts State Police Office of Alcohol Testing has reset the unit and issued a new Preliminary Breath Test Certification, the numbers will continue past each calibration.

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