HAR §11-114-4. Definitions

As used in this subchapter: "Alcohol" means ethyl alcohol. "Accuracy test" means a test performed periodically using a simulator as an accuracy verification device to establish the accuracy of a breath alcohol testing instrument. "Accuracy verification device" means a device or apparatus used to substantiate the accuracy of a breath alcohol testing instrument when a breath alcohol test or an accuracy test is conducted. These devices or §11-114- 114-4 apparatus may be internal, external, integral parts of or attachments to breath alcohol instruments. Simulators (referred to by the NHTSA as "calibrating units for breath alcohol testers") are an example of one type of accuracy verification device, but other devices or apparatus approved by the NHTSA or the department for such use also qualify as accuracy verification devices. "Accuracy verification test" means a test performed in conjunction with a breath alcohol test to verify the accuracy of the breath alcohol testing instrument using an accuracy verification device. "Air blank" means that portion of a breath alcohol test in which the instrument draws in outside air to purge the instrument of the previous sample in the sample chamber. "Alcohol concentration" means grams of alcohol per two hundred ten liters of breath, or terminology established by appropriate statute. "Breath" means that portion of exhaled air that is considered to be end expiratory. "Breath alcohol test" means a test to measure a person's breath for alcohol concentration which is conducted for forensic breath alcohol testing purposes and adheres to the criteria of this subchapter. "Breath alcohol testing instrument" means a device for determining the alcohol concentration of a person's breath. "Chief of police" means the law enforcement official charged with the enforcement of criminal laws in a jurisdiction in this State or an individual(s) authorized by that chief to represent the chief in matters pertaining to this subchapter. Authority granted under this subchapter to a "chief of police" applies only to personnel or breath alcohol testing locations in the chief's jurisdiction. "Department" means the state department of health. "Director of health" means the director of the state department of health or the director's representative(s). For purposes of this chapter this includes the DUI coordinator. "DUI coordinator" means the director of health or the individual(s) authorized by the director of health to represent the director of health in matters §11-114- 114-5 pertaining to this chapter. "License" means a document issued by the DUI coordinator or the chief of police to a supervisor or by the chief of police to an operator which grants permission for a supervisor or operator to practice in their field of breath alcohol testing. "NHTSA" means the National Highway Traffic Safety Administration, a division of the Federal Department of Transportation. "Operator" means a person who operates breath alcohol testing instruments and meets the requirement of section 11-114-10. "Reference sample" means a sample of known alcohol concentration which can be used to determine the accuracy of a breath alcohol testing instrument. "Supervisor" means a person who supervises operators of breath alcohol testing instruments and meets the requirements of section 11-114-9. "Target value" means the result which should be obtained when an accuracy verification device (with reference sample as appropriate) is used in an approved testing procedure. [EffJDECJ30,J1993JJ] (Auth: HRS §321-161) (Imp: HRS §§321-161; 286-2; 286-151; 286- 152; 286-153; 286-154; 286-155.5; 286-158; 286-160; 286-162; 286-163; 286-171; 286-251; 286-254; 286-255; 286-256; 286-257; 286-258; 286-259; 291-4; 291-4.5; 291-5; 291-6; 291C-162; 321-1; 321-9; 321-10; 321-18; 321-19; 321-20)