SECTION 40:55-1-2. Operating Procedure  


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  • (a)   Authorized use. Alcohol screening devices approved by these rules shall be used as a presumptive preliminary breath test. The operator of the alcohol screening device, or the law enforcement agency employing the operator, shall determine the appropriate timing for use of the alcohol screening device during impaired driving investigations.
    (b)   Operation. Alcohol screening devices approved by these rules shall be operated in accordance with the manufacturer's instructions. In addition to any manufacturer's instructions, the operator of the alcohol screening device shall observe the subject for at least 15 minutes prior to obtaining a breath sample to confirm that the subject has not ingested any substance, vomited, or smoked during that time.
[Source: Added at 34 Ok Reg 847, eff 9-11-17]