Mich. Admin. Code R. 325.2653 - Equipment accuracy evidential breath test instruments

Rule 3.

(1) For evidential breath test instruments that do not examine a known standard with each subject test, an appropriate class operator who has been certified in accordance with R 325.2658 shall verify an evidential breath alcohol test instrument for accuracy at least once each calendar week, or more frequently as the department may require. Alternatively, a pre-programmed self-test for accuracy may be initiated by the evidential breath alcohol test instrument and recorded by an appropriate class operator who has been certified in accordance with R 325.2658, if the instrument is so equipped and programmed. The tests for accuracy are not required to be performed within 7 days of each other. The test for accuracy must be made using an alcohol standard that is approved by the department. For the evidential breath alcohol test instrument to meet the requirements for accuracy, a test result must not exceed +/- 5% when using a controlled device. Controlled devices include both of the following:

(a) A wet bath device that delivers an alcohol vapor concentration test result of 0.080 grams of alcohol per 210 liters of vapor.

(b) A compressed alcohol gas device that delivers a test result of 0.080 grams of alcohol per 210 liters of vapor before applying applicable barometric pressure correction. To meet this requirement, the instrument must analyze the known ethanol gas standard within +/- 5% of the adjusted or corrected alcohol concentration based on the barometric correction.

(2) A weekly test is not required for evidential breath test instruments that examine a known alcohol standard, either wet bath or compressed gas, with each test subject. If an accuracy check is conducted, then the results must be retained either in log form by the agency where the instrument is installed or electronically within the instruments memory.

(3) Approved evidential breath alcohol test instruments that do not examine a known alcohol standard with each test subject must be inspected, verified for accuracy, and certified as to their proper working order within 120 days after the previous inspection by either an appropriate class operator who has been certified in accordance with R 325.2658, or a manufacturer-trained representative approved by the department.

(4) Approved evidential breath alcohol test instruments that examine a known alcohol standard with each subject test must be inspected, verified for accuracy, and certified as to their proper working order not less than 2 times annually by either an appropriate class operator who has been certified in accordance with R 325.2658, or a manufacturer-trained representative approved by the department.

Notes

Mich. Admin. Code R. 325.2653

1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS; 2007 AACS; 2010 AACS; 2018 AACS; 2023 MR 10, 5/22/2023