Subject of Possible Rule Making: Administration of breath test program, chapter 448-13 WAC, Breath alcohol testing: Need for fifteen minute waiting period following invalid sample test; severability language; definition of simulator temperature determination; clarification of acceptable range for external standard result.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.61.506.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Response to legal challenges on admissibility of breath alcohol tests. Would clarify State Toxicologist's intention with respect to rules for conducting a breath alcohol test.

Process for Developing New Rule: Response to confusion expressed by the courts in interpreting rules for breath testing.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dr. Barry K. Logan, Washington State Toxicologist, Forensic Laboratory Services Bureau, 2203 Airport Way South, Suite 360, Seattle, WA 98134, (206) 464-5302, e-mail blogan@wsp.wa.gov.

March 26, 2001

Dr. Barry K. Logan

Washington State Toxicologist

© Washington State Code Reviser's Office