[Code of Federal Regulations]
[Title 32, Volume 4]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR634.35]

[Page 54-55]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER V--DEPARTMENT OF THE ARMY (CONTINUED)
 
PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION--Table of Contents
 
                     Subpart D--Traffic Supervision
 
Sec. 634.35  Chemical testing policies and procedures.

    (a) Validity of chemical testing. Results of chemical testing are 
valid under this regulation only under the following circumstances:
    (1) Blood, urine, or other bodily substances are tested using 
generally accepted scientific and medical methods and standards.
    (2) Breath tests are administered by qualified personnel 
(Sec. 634.33(c)).
    (3) A non-portable breath-testing device approved by the State or 
host nation is used. For Army and Marine Corps, the device must also be 
listed on the NHTSA conforming products list published in the Federal 
Register. (See Sec. 634.33.)
    (4) Procedures established by the State or host nation or as 
prescribed in paragraph (b) of this section are followed.
    (b) Breath-testing device operational procedures. If the State or 
host nation has not established procedures for use of breath-testing 
devices, the following procedures will apply:
    (1) Portable breath-testing devices will be used--
    (i) During the initial traffic stop as a field sobriety testing 
technique, along with other field sobriety testing techniques, to 
determine if further testing is needed on a non-portable evidentiary 
breath-testing device.

[[Page 55]]

    (ii) According to manufacturer operating instructions. (For Army and 
Marine Corps, the portable breath-testing device must also be listed on 
the NHTSA conforming products list published in the Federal Register.)
    (2) Non-portable evidentiary breath-testing devices will be used as 
follows:
    (i) Observe the person to be tested for at least 15 minutes before 
collecting the breath specimen. During this time, the person must not 
drink alcoholic beverages or other fluids, eat, smoke, chew tobacco, or 
ingest any substance.
    (ii) Verify calibration and proper operation of the instrument by 
using a control sample immediately before the test.
    (iii) Comply with operational procedures in the manufacturer's 
current instruction manual.
    (iv) Perform preventive maintenance as required by the instruction 
manual.
    (c) Chemical tests of personnel involved in fatal accidents.
    (1) Installation medical authorities will immediately notify the 
installation law enforcement officer of--
    (i) The death of any person involved in a motor vehicle accident.
    (ii) The circumstances surrounding such an accident, based on 
information available at the time of admission or receipt of the body of 
the victim.
    (2) Medical authorities will examine the bodies of those persons 
killed in a motor vehicle accident to include drivers, passengers, and 
pedestrians subject to military jurisdiction, and other pedestrians (16 
years or older with sponsor's consent only). Tests for the presence and 
concentration of alcohol or other drugs in the person's blood, bodily 
fluids, or tissues will be made as soon as possible and where practical 
within 8 hours of death. The test results will be included in the 
medical reports.
    (3) As provided by law and medical conditions permitting, a blood or 
breath sample will be obtained from any surviving operator whose vehicle 
is involved in a fatal accident.