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<br />i. The driver expressly declines the opportunity to discuss the <br />test results. <br /> <br />ii. The driver has not contacted the MRO within five days of being <br />instructed to do so by the City. If a test is verified under this <br />circumstance, the driver may present information to the MRO <br />documenting that serious illness, injury or other circumstances <br />unavoidably prevented the driver from contacting the MRO. <br /> <br />4. Confirmatory Retest: The MRO shall notify each driver who has a confirmed <br />positive test that the driver has 72 hours in which to request a test of the split specimen at <br />the driver's expense. The driver is responsible for all costs associated with the <br />confirmatory retest unless results are negative. <br /> <br />VI. ALCOHOL TESTING <br /> <br />Alcohol tests shall be administered by a Breath Alcohol Technician (BAT) using an <br />Evidential Breath Testing device (EBT). Two breath tests are required to determine if a <br />person has a prohibited alcohol concentration. <br /> <br />An individually-sealed mouthpiece shall be opened in view of the driver and used for the <br />test. The driver will be required to blow forcefully into the mouthpiece for at least 6 <br />seconds or until the EBT indicates that an adequate amount of breath has been obtained. <br /> <br />The BAT will ensure that the identification number of the test is correctly recorded, <br />either using the safeguards provided by the equipment or requiring the driver to read the <br />sequential test number displayed on the EBT and recording the displayed result, test <br />number, testing device, serial number of the testing device and time. <br /> <br />If the result ofthe screening test is an alcohol concentration of 0.02 or greater, a <br />confirmation test shall be performed pursuant to 49 C.F.R. Part 40.65. <br /> <br />If a driver attempts and fails to provide an adequate amount of breath, the City will direct <br />the driver to obtain written evaluation from a licensed physician to determine if the <br />driver's inability to provide a specimen is genuine or constitutes a refusal to test. <br />Alcohol test results are reported directly to the designated City contact person. <br /> <br />page 9 <br />