Sec. 10.35.02.09. Evidentiary Tests of Blood for Alcohol

A. Laboratories and Procedures for Analysis.

(1) Laboratories.

(a) The Department of Maryland State Police Forensic Sciences Division is an approved laboratory to conduct tests of blood for alcohol.

(b) Approval by the Toxicologist of any other laboratory is required before it may perform any test of blood for alcohol in accordance with of the Courts and Judicial Proceedings Article, §10-304, Annotated Code of Maryland.

(c) An individual may receive a copy of the list of currently approved laboratories from the Office of the Chief Medical Examiner at no charge.

(2) Equipment and Procedures for Analysis.

(a) The Toxicologist shall approve all equipment and analytical procedures for the testing of blood for alcohol.

(b) Approved equipment shall be calibrated with alcohol calibration solution or solutions provided by or otherwise approved by the Toxicologist.

(c) The calibration shall be checked using an alcohol control solution:

(i) Provided by or otherwise approved by the Toxicologist; and

(ii) Analyzed adjacent to each evidentiary test of blood.

(d) Alcohol control solution test results may not deviate greater than plus or minus 0.010 g/100 mL from its stated concentration.

(e) The laboratory shall perform evidentiary tests of blood for alcohol in duplicate and the duplicate results may not deviate greater than plus or minus 0.010 g/100 mL.

(f) For subject tests, the lower of the duplicate results shall be truncated to the second decimal place and reported as the result of the blood test.

B. Personnel.

(1) Qualified Medical Personnel. Any qualified medical person is approved to withdraw blood for the testing of blood for alcohol content.

(2) Analyst.

(a) The Toxicologist shall certify an analyst performing tests of blood for alcohol content as a qualified person.

(b) The Toxicologist shall:

(i) Review the credentials of the analyst;

(ii) Direct a program of training as necessary; and

(iii) Set standards for maintenance of proficiency.

(c) The Toxicologist shall recertify the analyst on a regular basis.

(d) A certified analyst shall perform at least one batch of subject specimens or proficiency specimens annually.

C. Procedures for Administering an Evidentiary Test of Blood for Alcohol.

(1) The blood specimen shall be withdrawn by qualified medical personnel.

(2) Blood sampling equipment shall be approved by the Toxicologist.

(3) The arresting officer or another law enforcement officer may witness the withdrawal of the blood.

(4) The law enforcement officer shall:

(a) Fill out all forms contained in the approved blood sampling equipment kit; and

(b) Be certain all seals are signed and properly affixed.

(5) The sample shall be delivered by messenger or mail to the Department of Maryland State Police in containers provided with the sampling equipment.