WASHINGTON STATE PATROL

(1) Certifying agent means persons certified by the state toxicologist, certified technician, or certified instructor as a preliminary breath test instrument (PBT) technician.

(2) Operator means a person certified as an evidential breath test instrument operator as described in chapter 448-16 WAC and trained and authorized to perform the tests for a PBT instrument as outlined in this chapter.

(3) PBT instrument means preliminary breath test instrument.

(4) PBT technician means a person trained and certified as competent and qualified to certify a PBT instrument according to the protocol approved by the state toxicologist.

The following preliminary breath test (PBT) instruments are approved for use in the state of Washington as breath alcohol screening devices, subject to the requirements outlined in ((the following sections)) this chapter:

((Alcosensor)) (1) Alco-Sensor III (Intoximeters, St. Louis, MO).

((Alcosensor)) (2) Alco-Sensor FST (Intoximeters, St. Louis, MO).

(3) Any other instruments approved by the National Highway Traffic Safety Administration (NHTSA) will be considered for approval in Washington state on application to the state toxicologist, providing that a suitable program for maintenance, certification and operator training is also established and approved.

((The devices)) (1) Valid results from the PBT instruments described in WAC 448-15-010 are approved for use ((in establishing probable cause)) to determine that a subject has consumed alcohol and establish probable cause to place a person under arrest for alcohol related offenses or probable cause to support issuance of a search warrant for blood to test for alcohol.

(2) This preliminary breath test is voluntary, and participation in it does not constitute compliance with the implied consent statute (RCW 46.20.308).

(3) For purposes of this section, valid results are considered those obtained ((from following the approved protocol, by a trained)) by an operator following the approved testing protocol described in WAC 448-15-030 while using an approved ((device)) PBT instrument which has been certified according to the rules described in WAC ((448-15-030)) 448-15-040.

(4) Valid results will show ((to a reasonable degree of scientific certainty,)) the test subject's breath alcohol concentration. ((Valid results are suitable to assist in establishing probable cause to place a person under arrest for alcohol related offenses.)) These results may not be used on their own for determining, beyond a reasonable doubt, that a person's breath alcohol concentration exceeds a proscribed level such as anticipated under the 'per se' statutes for intoxication.

The operator must perform the test according to the policies and procedures approved by the state toxicologist((. The operator will perform)), using the following test protocol:

(1) The operator ((shall)) will advise the subject that this is a voluntary test, and that it is not an alternative to any evidential breath alcohol test.

(2) The operator ((shall)) will determine by observation or inquiry, that the subject has not consumed any alcohol in the fifteen minutes prior to administering the test. If the subject has consumed alcohol during that period, the officer should not administer the screening test for probable cause purposes until fifteen minutes have passed. If the subject responds that they have not consumed any alcohol in the last fifteen minutes, the officer may offer the subject the opportunity to provide a breath sample into the PBT instrument.

(3) Ensure a blank test result is obtained.

(4) Have the subject exhale into the mouthpiece with a full and continuous exhalation.

(5) Observe the results.

Any PBT instrument used ((as described in the preceding sections,)) must ((be)) have been certified ((at least every)) within the previous six months. In order to certify a PBT instrument as accurate, the certifying ((agency)) agent must follow a protocol approved by the state toxicologist. ((Certification of PBTs can be performed by persons certified by the state toxicologist as PBT technicians, or by factory authorized representatives, provided that the protocol for certification approved by the state toxicologist is followed.))

((Persons trained according to outlines approved by the state toxicologist, in the proper procedures for certifying PBT instruments shall be certified as PBT technicians. Their responsibilities will include performing periodic certification and maintaining records on such certification. Wallet sized permits shall be issued to persons so qualified. The certification received on)) (1) PBT technicians will be issued a permit after:

(a) Successful completion of the training which must be renewed every three years((. Persons)); or

(b) Being certified as evidential breath test instrument technicians as described in chapter 448-16 WAC ((are also certified to perform all the duties of PBT technicians)).