Section R13-10-103. Breath-testing Devices

A.      The Director may approve devices used to determine alcohol concentration from breath after the Department successfully tests a typical model of the device for compliance with the standards in subsection (B).

B.       A device shall meet the following standards of performance:

1.        Breath specimens tested shall be alveolar in composition.

2.        The device shall be capable of analysis of a solution of known alcohol concentration with an accuracy limit of a systematic error of no more than ± 0.005 grams per 210 liters of breath or ± 5 percent, whichever is greater, and a precision limit of an average standard deviation of no more than 0.0042 grams per 210 liters of breath. The accuracy and precision of the device being evaluated shall be determined on the basis of 10 consecutive mea-

Department of Public Safety - Alcohol Testing

surements at 4 alcohol vapor concentrations that are between 0.020 and 0.350 grams per 210 liters of breath, to include at least one value < 0.100 and one value > 0.250.

3.        The device shall be capable of testing a breath sample that results in alcohol concentrations of less than 0.01 grams per 210 liters of breath when alcohol-free subjects are tested.

C.      The Department, upon specific findings that a device, method, or breath test procedure is inaccurate, unreliable, or is an unac- ceptable test for determining alcohol concentration or that its use has been discontinued in the state, shall disapprove in writ- ing further use of the device, method, or procedure.

D.      The methods approved by the Director for use by a device to determine alcohol concentration are infrared spectrophotome- try and specific fuel cell detection.

E.       The following devices are approved by the Director:

Device/Model	Manufacturer
Intoxilyzer Model 5000 with or without Vapor Recircu- lation and with or without Key- board	CMI, Inc.
Intoxilyzer Model 5000EN	CMI, Inc.
Intoxilyzer Model 8000	CMI, Inc.
RBT AZ (Alco Sensor AZ/RBT AZ)	Intoximeter, Inc.

F.       Products included on the National Highway Traffic Safety Administration’s Conforming Products List of Evidential Breath Measurement Devices set forth in 69 FR 42237-42239 (July 14, 2004) are approved by the Director as preliminary breath testers to determine alcohol concentration. This docu- ment is incorporated by reference and does not include any later amendments or editions. A copy of this document is available from the Department and may be obtained from the National Highway Traffic Safety Administration’s web site (www.nhtsa.gov) or by contacting the U.S. Government Print- ing Office, 732 North Capitol Street NW, Washington, DC 20401.

G.      Devices listed in subsection (E) may be used to administer pre- liminary breath tests.

H.      Except when a device is used as a PBT or for other non-evi- dential testing purposes, an Operator permit and Standard Operational Procedure are required for the operation of devices listed in subsection (E).

I.        In addition to the devices approved in subsection (E), the Director may approve, in writing, a device and related Stan- dard Operational and Quality Assurance Procedures after the device has been successfully tested for compliance with the standards in subsection (B) for use prior to and pending the device being added to subsection (E). The approval shall expire three years after its effective date unless subsection (E) is amended to include the approved device.

J.        In addition to devices approved as preliminary breath testers in subsection (F), the Director may approve in writing as a PBT a new device placed on subsequent National Highway Traffic Safety Administration’s Conforming Products Lists of Eviden-

tial Breath Measurement Devices for use pending the new Conforming Products List being added to subsection (F).

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).