Fatal flaws for an alcohol confirmatory test using an ethanol breath analyzer:
(1) The breath alcohol technician (BAT) conducts the test before the end of the 15 minute waiting period.
(2) An air blank is not run before the confirmatory test.
(3) The air blank does not give a reading of 0.00 (The air blank gives a reading > 0.00).
(4) The blood alcohol technician does not print the result.
(5) There is a discrepancy between the unique sequential test number displayed on the meter and that shown on the instrument printout.
(6) There is a discrepancy between the alcohol concentration displayed on the meter and that shown on the instrument printout.
(7) The next external calibration check on the instrument is outside of the tolerance limits.
I am not sure if tampering with the printout of an ethanol breath test would be considered a fatal flaw.
If a fatal flaw occurs then the test must be cancelled and treated as if it never occurred.
If the external calibration check fails, then all positive results (any test with result >= 0.02) since the last acceptable calibration check must be cancelled. Therefore most operators will run the external calibration check shortly after each positive result.
