Introduction
Senate Bill 74 of the 61st Texas Legislature in 1969 provides that analysis of a person’s breath to determine alcohol concentration must be performed according to methods approved by the Texas Department of Public Safety and by an individual possessing a valid certificate issued by the Department for this purpose. This bill also authorized the Texas Department of Public Safety to approve satisfactory techniques or methods, to ascertain the qualifications and competence of individuals to conduct such analysis, and to issue certificates certifying such fact. In order to carry out the provisions of this bill, the Texas Department of Public Safety promulgated the Texas Breath Alcohol Testing Regulations contained in Texas Administrative Code Title 37 Chapter 19.
The Department of Public Safety Crime Laboratory includes the Breath Alcohol Laboratory (BAL) and its Office of the Scientific Director (OSD) which administer these regulations and qualifications, in addition to other program initiatives. All breath test analyses by city, county, and state law enforcement officials are performed in accordance with the Texas Breath Alcohol Testing Regulations which require either the certification or approval of all aspects of forensic breath alcohol testing. These analyses are conducted in over 370 approved testing facilities by one of approximately 6000 certified breath test operators representing some 700 different law enforcement agencies.
The Office of the Scientific Director has developed standardized calibration processes for evidential breath alcohol test instruments used in Texas. These calibration processes utilize certified reference materials which are traceable to the National Institute of Standards and Technology (NIST).
The Breath Alcohol Laboratory is accredited to the requirements of ISO/IEC 17025:2017 through ANSI National Accreditation Board (ANAB) for calibration laboratories and is the largest laboratory in the nation to provide such services on a statewide level.
The Breath Alcohol Laboratory additionally maintains guidance and authority over the DPS Certified Reference Material (CRM) Laboratory. The CRM Laboratory is accredited under the ISO 17034:2016 standard for reference material producers and is responsible for producing NIST-traceable certified reference solutions in support of the statewide Texas Evidential Breath Alcohol Program for use in breath alcohol test instrument calibration and breath alcohol testing.
Personnel
The Breath Alcohol Laboratory is comprised of forensic scientists, management, and support staff in addition to non-DPS personnel serving under the Texas Evidential Breath Alcohol Program. New breath alcohol and certified reference material forensic scientists are provided intensive training before being approved to conduct work.
Scientific Director
The BAL Scientific Director is responsible for the implementation, administration, and enforcement of the Texas Evidential Breath Alcohol Program. The Scientific Director evaluates breath alcohol instrumentation to determine its appropriateness for forensic breath alcohol analysis, devises and validates evidential test methodologies for approval in forensic breath alcohol testing, manages the Department’s forensic scientist technical supervisors, provides scientific expertise in forensic alcohol testing to various bodies including the Texas Legislature, and provides regulatory oversight for forensic scientist technical supervisors, evidential breath alcohol test programs, and breath test operator schools operating outside the DPS Crime Laboratory System.
Quality Manager
The BAL Quality Manager is responsible for administering the quality assurance program of the Breath Alcohol Laboratory. The Quality Manager provides oversight for the implementation of the quality system, including accreditation and policy requirements, quality incidents and corrective actions, proficiency testing, audits, and training programs.
Statewide Program Coordinator
The BAL Statewide Program Coordinator is responsible for program management and administering the operations and activities of the Breath Alcohol Laboratory. The Statewide Program Coordinator serves as a subject matter expert who coordinates and evaluates program activities pertaining to developing guidelines, policies, procedures, and training.
Technical Supervisors
Technical supervisors are qualified forensic scientists that are certified by the Scientific Director. They act as representatives of the Scientific Director in all matters pertaining to breath alcohol testing. The primary function of the technical supervisor is to provide technical, administrative, and supervisory expertise in safeguarding the scientific integrity of the breath alcohol testing program and to ensure the breath alcohol testing program’s acceptability for evidential purposes.
Certified Reference Material Analysts
Certified reference material analysts are qualified forensic scientists that performs the preparation, analysis, and certification of breath alcohol-related reference materials used throughout the Texas Evidential Breath Alcohol Program.
Instrument Technician
The BAL instrument technician performs system and component-level diagnostic troubleshooting and repair of forensic breath alcohol instruments. The BAL instrument technician supports all technical supervisors as a resource for technical support, instrumentation and equipment training, coordination with equipment vendors, and evaluation of new instrumentation and equipment software.