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Rule: 23.4.225 Prev     Up     Next    
Rule Title: PRELIMINARY ALCOHOL SCREENING TESTS (PASTs)
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Department: JUSTICE
Chapter: FORENSIC SCIENCE DIVISION
Subchapter: Drug and/or Alcohol Analysis
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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23.4.225    PRELIMINARY ALCOHOL SCREENING TESTS (PASTs)

(1) All models and/or types of PAST devices used for testing must be approved by the division. A list of approved PAST devices will be maintained at the division.

(2) Individuals conducting PASTs as authorized by statute must be certified as breath-test specialists.

(3) Individuals certified as breath-test specialists pursuant to ARM 23.4.216 on or before July 1, 1995, are deemed to be PAST-certified after attending a PAST operation course approved by the division. Individuals certified as breath-test specialists after July 1, 1995, are deemed to be PAST-certified.

(4) Individuals responsible for field certification of the PAST must receive training approved by the division outlining the procedures for conducting such certifications.

(5) All PAST results will be recorded in a manner approved by the division. As presently used, the results shall be reported only as positive or negative.

(6) PAST results of 0.020 G/210L or greater shall be considered positive for the presence of alcohol, and PAST results of less than 0.020 G/210L shall be considered negative for the presence of alcohol.

 

History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12.


 

 
MAR Notices Effective From Effective To History Notes
23-4-228 7/13/2012 Current History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12.
5/11/2007 7/13/2012 History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07.
5/17/2002 5/11/2007 History: Sec. 61-8-405, MCA, IMP, Sec. 61-8-405, MCA; NEW, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02.
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