Skip to main content

NCAC BREATH TESTING - Initial Permit - Qualifications - Bill Powers LEGAL REFERENCE MATERIALS

Posted by attorney F. Powers


(a) Application for an initial permit to perform chemical analysis of a person's breath to determine his alcohol concentration shall be made in writing to the Director. The applicant shall have the endorsement of his supervisor, or his supervisor's representative. The Director shall issue, deny, terminate, and revoke permits for individuals to perform chemical analyses.

(b) Permits shall be granted to individuals who:

(1) demonstrate the ability to perform chemical analyses accurately and reliably;

(2) can explain the method of operation of the breath-testing instrument for which he is applying for a permit to operate;

(3) provide a statement on the application from the applicant's supervisor attesting to the good character of the applicant; and

(4) are employed by a law enforcement agency, the Forensic Tests for Alcohol Branch or members of its instructional staff, or by some other federal, state, county or municipal agency with the responsibility of administering chemical analyses to drivers charged with implied consent offenses.

(c) Individuals successfully completing a minimum of 35 course hours conducted by the Forensic Tests for Alcohol Branch shall be deemed to have met the requirements of Subparagraphs (b)(1) and (2) of this Rule.

History Note: Authority G.S. 20-139.1(b);

Eff. January 1, 1982;

Amended Eff. May 1, 2007; October 1, 1993; September 1, 1990; September 1, 1989; January 1, 1985.

Additional resources provided by the author


Author of this guide:

Was this guide helpful?

Avvo DUI email series

Sign up to receive a 3-part series of useful information and legal advice about DUIs.

Recommended articles about DUI

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer