Breath Alcohol Section
Breath Alcohol SectionBreathAlcohol@washoecounty.gov
The Nevada Breath Alcohol Program is a state program regulated by the Nevada Revised Statute (NRS), chapter 484C, and the Nevada Administrative Code (NAC), chapter 484C. The program is overseen by the Committee on Testing for Intoxication and administered by the Washoe County Sheriff’s Office Forensic Science Division (WCSO-FSD) and the Las Vegas Metropolitan Police Department’s Forensic Laboratory (LVMPD-FL). The Breath Alcohol Program provides a cost-effective and non-evasive means to perform evidential alcohol tests in accordance with the NRS and NAC.
The Breath Alcohol Section of the WCSO-FSD is responsible for providing the services of the Breath Alcohol Program for 13 counties in Northern and Central Nevada. The Breath Alcohol Section is responsible for the calibration and maintenance of the EBTs, verification of gas standards, and the training and certification of breath testing operators. Analysts in the Breath Alcohol Section also testify to the calibration of the instruments, verification of standards used with the instruments, training and certifications of the breath testing officers, basic operations of the instruments, effects of alcohol as it relates to completed breath tests, and the validity of the instrument operation during breath tests.
Instruments are strategically placed throughout Nevada to ensure instrument availability for all law enforcement agencies within these. Occasionally, seasonal or mobile instruments are installed. Whether an instrument is placed in service at a permanent location, for seasonal use, or for mobile application, the following requirements must be met.
- The instrument must be kept in a secure facility and protected from damage.
- There must be suitable space to operate and calibrate the breath instrument.
- Environmental conditions, such as temperature and electricity, must be suitable for the instrument to operate.
- The instrument must be available to all law enforcement agencies within the area.
- The instrument must be used for DUI purposes only.
- The Forensic Analysts of Alcohol must have access to the instrument for routine calibrations and/or instrument service.
- The instrument must not be moved without prior approval from a Forensic Analyst of Alcohol.
Instruments may be removed from service if the above requirements cannot be met or maintained. Instruments will be evaluated on an annual basis and may be removed based on low usage. The agency will be notified prior to any removal.
Breath Alcohol Procedure and Analysis
Evidentiary Breath-Testing Devices
The breath testing procedure is designed to provide a series of safeguards to ensure that the results obtained during an evidentiary breath test are both accurate and reliable. A checklist is used with every test to ensure that these safeguards remain in place and that all breath tests are conducted in the same way. The EBT currently used in Nevada is the Intoxilyzer 8000. These instruments use Infrared Spectroscopy to analyze the concentration of alcohol in a person’s breath. The Intoxilyzer 8000 also has a number of safeguards built into the software and the design of the instrument to ensure that the results obtained are valid and accurate.
Preliminary Breath-Testing Devices
Preliminary breath testing devices (PBTs) are typically hand-held, battery operated devices meant to be used in conjunction with the standardized field sobriety tests or other situations where an evidentiary test is not necessary. There are many different types PBT used in Nevada. PBTs must be calibrated and used in accordance with the Nevada Administrative Code and the Nevada Revised Statute.
Calibrations and Maintenance
Evidentiary Breath-Testing Devices
Evidentiary Breath-Testing Devices must be calibrated at least once every 90 days by a certified Forensic Analyst of Alcohol. The calibration must include the instrument’s response and accuracy to at least three different concentrations of alcohol. Various diagnostic checks recommended by the manufacturer are also performed during the calibration. All data from the calibration is documented in an instrument specific record. All instrument records are maintained by the WCSO-FSD.
Preliminary Breath-Testing Devices
Preliminary Breath-Testing Devices must be calibrated once a year by the agency. The calibration must include the PBT’s response and accuracy to at least three different concentrations of alcohol and an alcohol free sample. A monthly check using one concentration of alcohol must also be performed by the agency to verify that the PBT is working properly.
Certified Gas Standard
The Certified Gas Standard is a dry gas mixture containing a concentration of ethanol in nitrogen. The standard is purchased by an accredited vender and the concentration is verified by the FAAs within the Breath Alcohol Section. The EBT analyses a sample of the gas with every breath test to verify that the instrument is accurately determining the concentration of alcohol at the time of the test.
Operator Certification
Class Registration
Intoxilyzer 8000 Certification/Recertification Courses and the PBT Instructor/Calibration Courses are scheduled throughout the year. For upcoming classes, please check the Regional Public Safety Training Center (RPSTC) for scheduled classes or email breathalcohol@washoecounty.us and provide the following information:
- Name
- Agency
- Class Type(s) (see below for class information)
- Operator Expiration Date (Intoxilyzer Courses Only)
- Comments
Intoxilyzer 8000 classes are offered quarterly at the RPSTC and are open to all law enforcement agencies. Annual regional classes are scheduled outside Washoe County and coordinated with a host agency. Please be aware that PBT classes will only be scheduled by request and when there are enough students to fill a class. It may take several months to schedule a class for certain areas.
Intoxilyzer 8000 Certification Course
Operators must attend and complete the 4-hour Intoxilyzer 8000 Certification Course in order to operate the Intoxilyzer 8000. The class is approved by the Nevada Peace Officers’ Standards and Training and the Committee on Testing for Intoxication. The operator’s certification is valid for three years. A recertification course must be completed in order to maintain certification.
Intoxilyzer 8000 Recertification Course
Operators that have completed the initial Intoxilyzer 8000 Certification Course and have not expired past the six months are eligible to attend a 2-hour recertification course. This class is approved by the Nevada Peace Officers’ Standards and Training and the Committee on Testing for Intoxication. Completion of this course will recertify the operator for another three years on the Intoxilyzer 8000.
PBT Instructor Course
The PBT Instructor Course is designed for specific PBT models and each class will be tailored for the PBT(s) used by the agency or agencies attending the class. The students will be trained on how to properly calibrate the PBT(s) in accordance with the NAC, the manufacturer requirements, and the recommendations of the FAAs. The students who attend this course will be trained and approved as PBT instructors. PBT instructors will be able to train officers only on the type of PBT(s) that were taught during the instructor course. PBT instructors will have to attend additional courses to become instructors on new PBT models. There is no recertification requirement for a PBT instructor; however, it is recommended that the PBT instructors attend this class as a refresher every few years. The PBT Instructor Course is a 2-4 hour course (as needed) and is often combined with the PBT Calibration Course. THis class is restricted in size and is only taught upon request. Students attending a PBT Instructor Course will be asked to bring at least one PBT to class.
PBT Calibration Course
The PBT Calibration Course is designed for specific PBT models and each class will be tailored for the PBT(s) used by the agency or agencies attending the class. The students will only be trained on the calibration of the instruments and will not be approved as instructors. The class will cover the NAC, the manufacturer requirements, and the recommendations of the FAAs. It is recommended that smaller agencies have at least two people trained in PBT calibration and three to six people trained for the larger agencies. Students attending a PBT Calibration Course will be asked to bring at least one PBT to class.