The devices described in WAC 448-15-010
are approved for use in establishing probable cause that a subject has consumed alcohol. For purposes of this section, valid results are considered those obtained from following the approved protocol, by a trained operator using an approved device which has been certified according to the rules described in WAC 448-15-030
. 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.
This preliminary breath test is voluntary, and participation in it does not constitute compliance with the implied consent statute (RCW 46.20.308
[Statutory Authority: RCW 46.61.506. 08-05-029, § 448-15-020, filed 2/12/08, effective 3/14/08; 99-06-047, § 448-15-020, filed 3/1/99, effective 4/1/99.]