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(1) A determination as to whether a subject has
a foreign substance in his or her mouth shall be
made by either an examination of the mouth or a
denial by the person that he or she has any foreign
substances in their mouth. A test mouthpiece is not
considered a foreign substance for purposes of
RCW 46.61.506.
(2) If a subject is wearing jewelry or
ornamentation pierced through their tongue, lips,
cheek, or other soft tissues in the oral cavity,
they will be required to remove this prior to
conducting the breath test. If the subject declines
to remove the jewelry or ornamentation, they will be
deemed to have a physical limitation rendering them
incapable of providing a valid breath sample and
will be required to provide a blood sample under the
implied consent statute,
RCW 46.20.308.
(3) If during a breath test, interference is
detected, this will invalidate the test. The subject
will be required to repeat the test. A subject whose
breath registers the presence of interference on two
or more successive breaths shall be deemed to have a
physical limitation rendering them incapable of
providing a valid breath sample and will be required
to provide a blood sample under the implied consent
statute,
RCW 46.20.308.
(4) In the event that the instrument records an
"invalid sample" result at any point during the
subject's test, that subject's test should be
readministered, after again determining that the
subject has no foreign substance in their mouth as
outlined in
WAC 448-16-040(1),
and repeating the fifteen minute observation period. |
