Section R13-10-101. Definitions

In this Article, unless the context otherwise requires:

1.        “Alcohol concentration” or “AC” means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

2.        “Analyst” means an individual who has been issued an analyst permit by the Department to use approved meth- ods to make alcohol concentration determinations from blood or other bodily substances.

3.        “Analyst permit” means a document issued by the Department indicating the permit holder has been found qualified to utilize an approved method in the determina- tion of alcohol concentrations.

4.        “Analytical procedure” means a series of operations uti- lized by an analyst when employing an approved method in the determination of alcohol concentration.

5.        “Calibration Check” means an operation utilizing a stan- dard alcohol concentration solution to determine whether a device is accurately measuring alcohol concentrations that is performed as a Standard Calibration Check Proce- dure by a Quality Assurance Specialist at least every 31 days or performed as Concurrent Calibration Check Pro- cedures by an Operator within a successfully completed test sequence bracketing a duplicate breath test.

6.        “Concurrent Calibration Check Procedure” means an operation performed by an Operator, utilizing a standard alcohol concentration solution, within a successfully completed test sequence to determine whether a device is accurately measuring alcohol concentration during a duplicate breath test.

7.        “Concurrent Quality Assurance Procedure” means opera- tions performed by an Operator, including a Concurrent Calibration Check Procedure and diagnostic checks, within a successfully completed test sequence to deter- mine whether a device is accurately and properly measur- ing alcohol concentration during a duplicate breath test.

8.        “Deprivation period” means at least a 15-minute period immediately prior to a duplicate breath test during which period the subject has not ingested any alcoholic bever- ages or other fluids, eaten, vomited, smoked or placed any foreign object in the mouth.

Department of Public Safety - Alcohol Testing

9.        “Determination” means an analysis of a specimen of blood, breath, or other bodily substance and expressing the results of the analysis in terms of alcohol concentra- tion.

10.     “Device” means a breath testing instrument.

11.     “Duplicate breath test” means two consecutive breath tests that immediately follow a deprivation period, agree within 0.020 AC of each other, and are conducted at least five and no more than 10 minutes apart.

12.     “Instructor” means a person approved by the Department to provide breath test training to prospective Operators and Quality Assurance Specialists on a specific approved device.

13.     “Method” means an analytical technique utilized by an analyst or a device to make an alcohol concentration determination (e.g. gas chromatography, infrared spectro- photometry, or specific fuel cell detection.)

14.     “Operator” means a person who has been issued an Oper- ator permit from the Department to operate a specific approved device for the purpose of determining an alco- hol concentration from a specimen of breath and to per- form the Concurrent Quality Assurance Procedures, Concurrent Calibration Check Procedures, and diagnostic checks to determine whether a device is operating accu- rately and properly.

15.     “Operator Permit” means a document issued by the Department indicating that the permit holder has been found qualified to operate and perform the associated Quality Assurance Procedures  on  a  specific approved device.

16.     “Periodic Maintenance” means a Quality Assurance Pro- cedure consisting of either of the following, which deter- mines whether a device is operating accurately and properly:

a.         Standard Calibration Check Procedure and Standard Quality Assurance Procedure, or

b.        Concurrent Calibration Check Procedures and Con- current Quality Assurance Procedures performed within a successfully completed test sequence brack- eting a duplicate breath test.

17.     “Preliminary breath test” means a pre-arrest breath test.

18.     “Preliminary breath tester” or “PBT” means any approved device used prior to an arrest for the purpose of obtaining a determination of alcohol concentration from a specimen of breath and includes any device included on the National Highway Traffic Safety Administration’s Conforming Products List of Evidential Breath Measure- ment Devices as incorporated by reference in R13-10- 103(F).

19.     “Procedure” means a series of operations used by an Operator or a Quality Assurance Specialist when employ- ing an approved device in the determination of alcohol concentration or performing associated quality assurance testing.

20.     “Quality Assurance Procedure” means Periodic Mainte- nance consisting of either of the following, which deter- mines whether a device is operating accurately and properly:

a.         Standard Calibration Check Procedure and Standard Quality Assurance Procedure, or

b.        Concurrent Calibration Check Procedures and Con- current Quality Assurance Procedures performed within a successfully completed test sequence brack- eting a duplicate breath test.

21.     “Quality Assurance Specialist” means a person who has been issued a Quality Assurance Specialist permit from

the Department to perform the Standard Calibration Check Procedure and the Standard Quality Assurance Procedure to determine the accurate and proper operation of a specific approved device.

22.     “Quality Assurance Specialist permit” means a document issued by the Department indicating that the permit holder has been found qualified to perform the Standard Calibration Check Procedure and the Standard Quality Assurance Procedure on a specific approved device.

23.     “Standard Calibration Check Procedure” means opera- tions performed by a Quality Assurance Specialist, at least every 31 days, to determine whether a device is accurately measuring alcohol concentration.

24.     “Standard Operational Procedure” means operations per- formed by an Operator for the purpose of determining an alcohol concentration from a specimen of breath.

25.     “Standard Quality Assurance Procedure” means opera- tions performed by a Quality Assurance Specialist, at least every 90 days.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).