From:
http://www.dot.gov/ost/dapc/NEW_DOCS/part40.html?proc
Subpart M - Alcohol Confirmation Tests
§ 40.251 What are the first steps in an alcohol confirmation test?
As the BAT for an alcohol confirmation test, you must follow these steps to begin the confirmation test process:
(a) You must carry out a requirement for a waiting period before the confirmation test, by taking the following steps:
(1) You must ensure that the waiting period lasts at least 15 minutes, starting with the completion of the screening test. After the waiting period has elapsed, you should begin the confirmation test as soon as possible, but not more than 30 minutes after the completion of the screening test.
(i) If the confirmation test is taking place at a different location from the screening test (see §40.247(b)(3)) the time of transit between sites counts toward the waiting period if the STT or BAT who conducted the screening test provided the waiting period instructions.
(ii) If you cannot verify, through review of the ATF, that waiting period instructions were provided, then you must carry out the waiting period requirement.
(iii) You or another BAT or STT, or an employer representative, must observe the employee during the waiting period.
(2) Concerning the waiting period, you must tell the employee:
(i) Not to eat, drink, put anything (e.g., cigarette, chewing gum) into his or her mouth, or belch;
(ii) The reason for the waiting period (i.e., to prevent an accumulation of mouth alcohol from leading to an artificially high reading);
Annnnd from:
http://answers.google.com/answers/threadview?id=108678
Interesting question! I just had a conversation with my brother-in-law
the police officer, who was telling me that Listerine breath strips
do, indeed, cause a false positive if taken just before a test.
(During his training, some officers were asked to put some strips in
their mouth and then take a breath-alcohol test...The results were
positive.)
"Breath sprays, such as Binaca, have a high concentration of alcohol
in them. Binaca can even cause a false breath-alcohol test result of
0.811% BAC, which is nearly double a fatal dose of alcohol poisoning.
Incidentally, Listerine mouthwash can cause a false breath-alcohol
test result of 0.43% BAC, which is near the level of coma. These
effects last as long as 30 minutes to an hour." (The Prohibition
Times, JUNK SCIENCE: GOVERNMENT TESTS FOR DRUNK DRIVING by John Lee ,
http://www.geocities.com/prohibition_us/BacFst.html )
This legal article sites some of those statistics, too:
http://216.239.39.100/search?q=cache...hl=en&ie=UTF-8
However, I can find no stats online that *specifically* discuss the
breath strips. Since they are made from an intensified version of
Listerine, it is only natural that they, like the traditional
Listerine, result in a false-positive.