Washington Administrative Code Title 448 - State Toxicologist
Here’s the current structure and key provisions of Washington Administrative Code Title 448 – State Toxicologist:
📘 Title Overview
Title 448 is under the Washington State Patrol, focusing on the authority, responsibilities, and standards of the State Toxicologist, particularly regarding alcohol testing via blood and breath. It comprises three chapters: (app.leg.wa.gov)
📄 Chapter Breakdown
Chapter 448‑14: Standards for Blood Sample Analysis
448‑14‑010 – Defines approved quantitative methods for blood alcohol analysis.
448‑14‑020 – Specifies operational discipline: control and blank tests, plus duplicate analyses that should agree within 0.01 g/100 mL (case-law.vlex.com)
Chapter 448‑15: Administration of Preliminary Breath Testing (PBT)
448‑15‑010 – Criteria for approving PBT devices.
448‑15‑020 – Authorizes lawful use of valid PBT results for establishing probable cause or DUI arrest. Clarifies it's voluntary and separate from implied-consent statute (nhtsa.gov, law.cornell.edu)
Chapter 448‑16: Administration of the Breath Test Program
448‑16‑040 – Procedures when mouth interference or “foreign substances” invalidate a sample; outlines retesting rules (regulations.justia.com)
448‑16‑060 – Requirement for duplicate breath samples to agree (typically within instrument tolerance).
448‑16‑070 – Grants the State Toxicologist authority to review, approve, and authorize test protocols and methods. Regular updates maintain program quality (nhtsa.gov, law.cornell.edu)
448‑16‑080 – Procedures for certifying instructors: trainers authorized to teach breath test protocols, with permit suspension in cases of incompetence (law.cornell.edu)
Additional sections (‑090 to ‑160) cover operator certification, technician permits, approved training courses, communications, and program information address.
🔗 Authority & Legal Basis
Title 448 derives its legal authority primarily from RCW 46.61.506, which requires that alcohol tests:
Be performed by individuals qualified and permitted by the State Toxicologist.
Use State‑approved methods and equipment.
These provisions are enforceable in DUI and licensing hearings, and courts often reference Title 448 to evaluate test admissibility (nhtsa.gov, law.cornell.edu, case-law.vlex.com).
⚖️ Practical Implications
Blood alcohol results must follow strict analytical procedures—including duplicate tests with tight accuracy limits.
Preliminary breath tests (PBT) can establish probable cause but aren’t admissible for prosecution-level reliability.
Full breath testing (e.g., DataMaster) requires certified instruments, trained operators/instructors, and adherence to protocol.
Quality control (e.g., simulator temperature consistency) is periodically reviewed and updated by the Toxicologist.
✅ Summary Table
| Chapter | Focus | Key Rules |
|---|---|---|
| 448‑14 | Blood sample analysis | Analytical standards and duplicate accuracy requirements |
| 448‑15 | Preliminary breath testing | Device approval; valid results inform probable cause, not conviction |
| 448‑16 | Full breath test program | Protocols, training/certification, quality control, and oversight |
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