RSA 265:90, II states that the Preventative Maintenance Check Form shall be admissible evidence of the performance and successful completion of a preventative maintenance check. (2005).
The State submitted the Preventative Maintenance Check Form for the breath testing machine used by Officer Trooper when he tested the petitioner's breath. (Rec. Ex. C-3, at 1).
There are five requirements that must be met before the accuracy and precision of an instrument can be certified on a Preventative Maintenance Check Form. (See Saf-C 6302.04 (b)(l)-(5)).
1. Analysis of a series of simulated breath tests at known alcohol concentrations, to verify the accuracy and precision of the approved instrument which shall meet the following criteria:
a. for known alcohol concentrations less than 0.10g/210L:
the accuracy of the readings shall deviate no more than +/- 0.005 g/210L from the known alcohol concentration; and
the total precision range of the readings shall not exceed +/- 0.005 g/210L; and
b. for known alcohol concentrations equal to or greater than 0.10 g/210L:
the accuracy of the readings shall be within +/- 5% of the known alcohol concentration; and
the total precision range of the readings shall not exceed 5% of the target value;
Verification of the approved instrument’s ability to detect and correct for acetone;
Collection of captured samples at known alcohol concentrations to verify the accuracy of the captured sample method which shall meet the following criteria:
a. for infrared values less than 0.10 g/210L, results shall agree within 0.01 g/210L of the infrared value; and
b. for infrared values equal to or greater than 0.10 g/210L, results shall agree within +/- 10% of the infrared value;
4. Performance of routine maintenance on the approved instrument and simulator as necessary to maintain proper analytical functions; and
5. Documentation of maintenance performed on each approved instrument and simulator at the time of service.