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March 01, 2024 Clouds | 26°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 24K: Chemical breath analysis; validity; testing procedures; report forms

Section 24K. Chemical analysis of the breath of a person charged with a violation of this chapter shall not be considered valid under the provisions of this chapter, unless such analysis has been performed by a certified operator, using infrared breath-testing devices according to methods approved by the secretary of public safety. The secretary of public safety shall promulgate rules and regulations regarding satisfactory methods, techniques and criteria for the conduct of such tests, and shall establish a statewide training and certification program for all operators of such devices and a periodic certification program for such breath testing devices; provided, however, that the secretary may terminate or revoke such certification at his discretion.

Said regulations shall include, but shall not be limited to the following: (a) that the chemical analysis of the breath of a person charged be performed by a certified operator using a certified infrared breath-testing device in the following sequence: (1) one adequate breath sample analysis; (2) one calibration standard analysis; (3) a second adequate breath sample analysis; (b) that no person shall perform such a test unless certified by the secretary of public safety; (c) that no breath testing device, mouthpiece or tube shall be cleaned with any substance containing alcohol.

The secretary of public safety shall prescribe a uniform form for reports of such chemical analysis to be used by law enforcement officers and others acting in accordance with the provisions of this chapter. Such forms shall be sequentially numbered. Each chief of police or other officer or official having charge or control of a law enforcement agency shall be responsible for the furnishing and proper disposition of such uniform forms. Each party so responsible shall prepare or cause to be prepared such records and reports relating to such uniform forms and their disposition in such manner and at such times as the secretary of public safety shall prescribe.