Chapter Trans 311

Trans 311.06   Approved techniques and methods of performing chemical analysis of the breath.

Trans 311.07   Approval of breath alcohol testing programs.

Trans 311.08   Technicians.

Trans 311.09   Approved training programs.

Trans 311.10   Procedure for testing and certifying the accuracy of breath alcohol test instruments.

Trans 311.11   Qualifications for issuance and cause for suspension and cancellation of permits.

Ch. Trans 311 Note Note: Chapter Trans 311 was repealed and recreated by emergency rule effective January 21, 1985. Chapter Trans 311 as it existed in July 31, 1985 was repealed and a new chapter Trans 311 was created effective August 1, 1985.

Trans 311.01 Trans 311.01 Purpose. The purpose of this chapter is to aid the department of transportation in the administration of the breath alcohol testing, approval and permit program as directed and authorized by s. 343.305 (6) (b), Stats.

Trans 311.01 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1988, No. 388.

Trans 311.02 Trans 311.02 Applicability. The provisions of this chapter are applicable to all law enforcement agencies and personnel engaging in breath alcohol analyses in this state.

Trans 311.02 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85.

Trans 311.03 Trans 311.03 Definitions. As used in this chapter:

Trans 311.03(1) (1) “Administrator” means the administrator of the division of state patrol in the Wisconsin department of transportation.

Trans 311.03(2) (2) “Agency” means a law enforcement agency in the state engaging in breath alcohol testing.

Trans 311.03(3) (3) “Alcohol” means ethyl alcohol and may include methyl alcohol and isopropyl alcohol.

Trans 311.03(4) (4) “Calibrating unit” means a device designed to produce a predictable alcohol concentration reading on a breath alcohol test instrument.

Trans 311.03(5) (5) “Certified instrument operator” means a person who has successfully completed a specialized training program and has been issued a permit by the department.

Trans 311.03(6) (6) “Chief of the chemical test section” means the person assigned the responsibility for the administration and supervision of the breath alcohol testing, approval and permit program of the department.

Trans 311.03(7) (7) “Department” means the Wisconsin department of transportation.

Trans 311.03(8) (8) “Instrument” means an item or combination of items of equipment designed to make a measurement of alcohol concentration.

Trans 311.03(9) (9) “Instrument blank analysis” means a test of an ambient air sample to insure that the instrument produces a zero result.

Trans 311.03(10) (10) “Lot” means an entire batch of reference solution.

Trans 311.03(11) (11) “Permit” means a certificate issued by the department authorizing an individual to perform breath alcohol testing using the instrument or categories of instruments specified thereon.

Trans 311.03(12) (12) “Qualitative breath alcohol analysis” means a test of a person’s breath, the results of which indicate the presence or absence of alcohol.

Trans 311.03(13) (13) “Quantitative breath alcohol analysis” means a chemical test of a person’s breath which yields a specific result in grams of alcohol per 210 liters of breath.

Trans 311.03(14) (14) “Reference solution” means a solution compounded for use in a calibrating unit which, when equilibrated with air, yields a predictable alcohol concentration or a sealed, pressurized sample of gas that contains a predictable alcohol concentration.

Trans 311.03(15) (15) “Secretary” means the secretary of the Wisconsin department of transportation.

Trans 311.03(16) (16) “Technician” means a person employed by the department, approved by the secretary and assigned the responsibility for the supervision of the breath alcohol testing, approval and permit program in an assigned area of the state.

Trans 311.03(17) (17) “Test sequence” means one adequate breath analysis, one reference solution analysis, and a second adequate breath sample analysis. Each subject test and each reference solution test shall be preceded and followed by an instrument blank analysis.

Trans 311.03 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; emerg. r. (4) and (5), renum. (6) to (9) and (11) to (17) to be (4), (6) to (8), (5) and (11) to (15) and am. (6), (5) and (9), cr. (16), eff. 1-1-88; r. (4), (5) and (11), renum. (6) to (10), (12) to (17) to be (4) to (7), (9) to (13), (8) and (14) and am. (4) and (8), cr. (15), Register, April, 1988, No. 388, eff. 5-1-88; renum. (6) to (15) to be (7) to (9), (11) to (17) and am. (9), (11), (14) and (17), cr. (6) and (10), Register, January, 1993, No. 445, eff. 2-1-93.

Trans 311.04 Trans 311.04 Approval of breath alcohol test instruments.

Trans 311.04(1) (1) Only instruments and ancillary equipment approved by the chief of the chemical test section may be used for the qualitative or quantitative analysis of alcohol in the breath.

Trans 311.04(2) (2) 

Trans 311.04(2)(a) (a) All models of breath testing instruments and ancillary equipment used shall be evaluated by the chief of the chemical test section.

Trans 311.04(2)(b) (b) The procedure for evaluation shall be determined by the chief of the chemical test section.

Trans 311.04(3) (3) Each type or category of instrument shall be approved by the chief of the chemical test section prior to use in this state.

Trans 311.04 Note Note: A current list of quantitative or qualitative breath alcohol test instruments that have been approved for use in the State of Wisconsin is available from the Chemical Test Section, Wisconsin State Patrol, P. O. Box 7912, Madison, WI 53707.

Trans 311.04 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; am. Register, January, 1993, No. 445, eff. 2-1-93.

Trans 311.05 Trans 311.05 Approval of calibrating units. All calibrating units for breath alcohol test instruments shall have the approval of the chief of the chemical test section.

Trans 311.05 Note Note: A current list of calibrating units that have been approved for use in the State of Wisconsin is available from the Chemical Test Section, Wisconsin State Patrol, P. O. Box 7912, Madison, WI 53707.

Trans 311.05 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; am. Register, January, 1993, No. 445, eff. 2-1-93.

Trans 311.06 Trans 311.06 Approved techniques and methods of performing chemical analysis of the breath.

Trans 311.06(1) (1) Only methods approved by the department may be used to perform quantitative breath alcohol analysis.

Trans 311.06(2) (2) Techniques used in performing quantitative breath alcohol analysis shall be those which are designed to assure accuracy, detect malfunctions and to safeguard personnel and equipment.

Trans 311.06(3) (3) Procedures for quantitative breath alcohol analysis shall include the following controls in conjunction with the testing of each subject:

Trans 311.06(3)(a) (a) Observation by a law enforcement person or combination of law enforcement persons, of the test subject for a minimum of 20 minutes prior to the collection of a breath specimen, during which time the test subject did not ingest alcohol, regurgitate, vomit or smoke.

Trans 311.06(3)(b) (b) Instrument blank analysis.

Trans 311.06(3)(c) (c) An analysis utilizing a calibrating unit, the results of which analysis shall fall within 0.01 grams of alcohol per 210 liters of gas of the established reference value.

Trans 311.06(3)(d) (d) Consecutive breath alcohol analysis results in a test sequence within .02 grams of alcohol per 210 liters of breath shall be deemed to be an acceptable agreement. Breath sample analysis failing to meet this criteria shall be deemed deficient.

Trans 311.06(3)(e) (e) If the first test sequence is deficient, a second test sequence shall be administered.

Trans 311.06(4) (4) The results of an analysis of breath for alcohol shall be expressed in grams of alcohol per 210 liters of breath.

Trans 311.06(5) (5) Methods and techniques used in performing qualitative breath alcohol analysis shall be approved by the department.

Trans 311.06 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; emerg. r. and recr. (3) (b), cr. (3) (d) and (e), renum. (4) and (5) to be (5) and (4), eff. 1-1-88; r. and recr. (3) (b), cr. (3) (d) and (e), renum. (4) and (5) to be (5) and (4), Register, April, 1988, No. 388, eff. 5-1-88; am. Register, January, 1993, No. 445, eff. 2-1-93.

Trans 311.07 Trans 311.07 Approval of breath alcohol testing programs.

Trans 311.07(1) (1) All breath alcohol testing programs in this state shall be certified by the department.

Trans 311.07(2) (2) Certification of any breath alcohol testing program shall be contingent upon the law enforcement agency’s agreement to conform to and abide by all directives, orders or policies issued or to be issued by the department. These shall include, but are not limited to, the following:

Trans 311.07(2)(a) (a) Program administration including reports, records and forms.

Trans 311.07(2)(b) (b) Site location and security.

Trans 311.07(2)(c) (c) Methods of operation and testing procedures.

Trans 311.07(2)(d) (d) Transmission of all program data or information requested in a manner and format prescribed by the department.

Trans 311.07 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; am. (2) (intro.) and (d), Register, January, 1993, No. 445, eff. 2-1-93.

Trans 311.08 Trans 311.08 Technicians.

Trans 311.08(1) (1) The secretary shall, upon recommendation of the department, approve trained technicians as required by s. 343.305 (6) (b) 3., Stats.

Trans 311.08(2) (2) The issuance of a certificate bearing the signature of the secretary shall establish that the holder of that certificate has been approved by the secretary as a trained technician.

Trans 311.08(3) (3) Duties and responsibilities of a technician shall include but are not limited to the following:

Trans 311.08(3)(a) (a) Supervise the breath alcohol testing, approval and permit program in an assigned area of the state.

Trans 311.08(3)(b) (b) Supervise the breath alcohol test activities of certified instrument operators.

Trans 311.08(3)(c) (c) Complete field inspections of the total breath alcohol testing, approval and permit program including reports, records, operations and analyses.

Trans 311.08(3)(d) (d) Conduct investigations into matters pertaining to the breath alcohol testing, approval and permit program.

Trans 311.08(3)(e) (e) Instruct law enforcement agency personnel, utilizing the approved training programs, in the proper operation and use of breath alcohol test instruments and calibrating units.

Trans 311.08(3)(f) (f) Evaluate and certify to the department the competency of law enforcement agency personnel to conduct qualitative and quantitative breath alcohol tests.

Trans 311.08(3)(g) (g) Assure the continued proficiency and competency of certified instrument operators at intervals established by the department.

Trans 311.08(3)(h) (h) Assure compliance with all provisions of this chapter.

Trans 311.08(3)(i) (i) Maintain and submit records and reports as required by the department.

Trans 311.08(3)(j) (j) Testify in court when required regarding the breath alcohol testing, approval and permit program.

Trans 311.08(3)(k) (k) Comply with the procedure for testing and certifying the accuracy of breath alcohol test instruments set forth in this chapter.

Trans 311.08(3)(L) (L) Comply with all directives concerning the breath alcohol testing, approval and permit program issued by the department.

Trans 311.08 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1988, No. 388.

Trans 311.09 Trans 311.09 Approved training programs.

Trans 311.09(1) (1) Training programs for the training of law enforcement agency personnel in qualitative or quantitative breath alcohol analysis shall be approved by and under the direction of the department.

Trans 311.09(2) (2) Applicants to attend an approved training program in quantitative breath alcohol analysis shall meet the following qualifications:

Trans 311.09(2)(a) (a) Applicants shall be high school graduates or the equivalent.

Trans 311.09(2)(b) (b) Applicants shall be full time, permanent employees of a law enforcement agency unless granted exception from this requirement by the department.

Trans 311.09(2)(c) (c) Applicants shall have the recommendation of the chief administrative officer of the employing agency.

Trans 311.09(3) (3) Applicants to attend an approved training program in qualitative breath alcohol analysis shall have the recommendation of the chief administrative officer of the employing agency.

Trans 311.09 History History: Cr. Register, July, 1985, No. 355, eff. 8-1-85; am. (1), (2) (intro.) and (3), Register, January, 1993, No. 445, eff. 2-1-93.

Trans 311.10 Trans 311.10 Procedure for testing and certifying the accuracy of breath alcohol test instruments.

Trans 311.10(1) (1) All quantitative breath alcohol test instruments approved for use in this state shall be tested and certified for accuracy in accordance with the following standards: