LAC 55:I.501. Approval of Instruments to Conduct Blood Alcohol Analysis by Breath Sampling

A. After the Louisiana Department of Public Safety and Corrections has approved a prototype breath testing device as an acceptable model for chemical analysis in blood alcohol testing by breath sampling it shall be necessary for each individual instrument of the approved model to be inspected and approved for use by the Office of State Police, Applied Technology Unit, and an instrument certification form shall be maintained for each individual instrument in the Applied Technology Unit. For the Intoxilyzer 9000, each individual instrument shall be inspected, checked, and certified once every six months by the breath analysis supervisor, breath analysis instructor specialist, or applied technology specialist of the Applied Technology Unit and a recertification form shall be maintained in the Applied Technology Unit. A copy of this certificate may be filed with the clerk of the applicable court in the respective parish in which each device is used for blood/breath testing, and this copy shall be prima facie evidence as to the proper working order of the instrument. The inspecting breath analysis supervisor, breath analysis instructor specialist, or applied technology specialists permit number shall also be affixed to this certificate. Any manufacturer of any apparatus, device, or equipment made for the purpose of analyzing the alcoholic contents of the blood by breath sampling may request the Applied Technology Unit to approve such apparatus, device or equipment. The Applied Technology Unit will consider such a request upon submission of such information, instructions for use, exemplars and other pertinent data as the Applied Technology Unit may request. Before any blood/breath alcohol testing will be approved it must have undergone inspection and testing by the Applied Technology Unit. This period of testing and evaluation is for the purpose of assuring that an instrument is free of any design error, malfunction or operating problems and accurately and consistently determines the percent by weight by volume of alcohol in the blood at the time the test is administered by utilizing the 2100:1 correlation between alcohol in the breath and alcohol in the blood in accordance with the Uniform Vehicle Code. B. Approval of Instrumentation. The following is the instrument approved by the Louisiana Department of Public Safety and Corrections, the Office of State Police, Applied Technology Unit for analysis of breath specimens for the determination of the blood alcoholic content therein. 1. Intoxilyzer 9000, manufactured by CMI, Inc., a subsidiary of MPD, Inc. Every Intoxilyzer 9000 which has been certified and placed in operation in Louisiana is now and has been continuously, since the original certification, an approved instrument for the analysis of breath specimens for the determination of blood alcoholic content