HAR §11-114-5. Instrument approvals

(a) Breath alcohol tests shall be performed using a model of: (1) Breath alcohol testing instrument; (2) Breath alcohol testing instrument accessories; and (3) Accuracy verification device which are approved by the DUI coordinator. (b) The model specifications of NHTSA for evidential breath alcohol testing devices and for calibrating units (referred to in this subchapter as accuracy verification devices) for breath alcohol testers, as contained in 49 CFR, No. 242, pp. 48854-48865 and 49 CFR, No. 242, pp. 48865-48872, respectively, are integrated into and made a part of §11-114- 114-6 this subchapter. Accordingly, those models of instruments, accessories, and calibrating units appearing in the "Conforming Products List of Evidential Breath Measurement Devices" as contained in 57 CFR, No. 46, pp. 8375-8376, and "Conforming Products List of Calibrating Units for Breath Alcohol Testers" as contained in 56 CFR, No. 54, pp. 1187-11819, are approved by the DUI coordinator for purposes of this subchapter. (c) The DUI coordinator may approve, in writing, modified versions of approved instruments, accessories, and accuracy verification devices. Approval will be contingent upon the continued performance of the instrument, accessory, or calibrating within the specifications set forth in subsection (b). (d) All breath alcohol testing devices approved by the director of health as of the effective date of this chapter shall remain approved unless the approval is specifically revoked by the director of health in writing. [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) §11-114-6 Procedure approvals and measurement requirements. (a) Except as provided in subsection (c), every breath alcohol testing procedure shall be approved by the DUI coordinator in writing and shall include, but not be limited to: (1) Performance of an accuracy verification test with each breath alcohol test, using an approved accuracy verification device; and (2) Inclusion of an air blank before and after each breath test. (b) With every breath alcohol test the following shall be met: (1) The person to be tested shall not have ingested alcoholic beverages, eaten, smoked, or vomited for at least fifteen minutes before the breath alcohol test; (2) The test shall be conducted using an approved §11-114- 114-7 instrument in conformance with section 11- 114-5 and following an approved procedure as specified in subsection (a); (3) A copy of the approved breath alcohol testing procedure shall be accessible to the operator or supervisor; (4) The test shall be conducted by a person who is licensed as a breath alcohol testing supervisor or operator pursuant to section 11-114-9 or 11-114-10; (5) The result of the accuracy verification test shall be within the range of plus or minus 0.01, or plus or minus ten per cent of the target value, whichever is greater; (6) Breath alcohol and accuracy verification test results shall not be rounded up; and (7) Each breath alcohol test shall have been preceded by an accuracy test which meets the criteria of section 11-114-7, by not more than thirty-one days. (c) Any breath alcohol testing procedure approved by the director of health as of the effective date of this chapter shall continue to be approved and remain in effect unless superseded or revoked by the director of health in writing. [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)