N.M. Admin. Code § 18.20.11.11 - STANDARDS FOR DETECTING BREATH ALCOHOL CONCENTRATION
A. Initial breath test. An ignition interlock
device shall:
(1) indicate by audible or
visual means when a sufficient sample of breath has been collected.
(2) indicate the results of the breath test
by the use of pass/fail signals and not by displaying a numerical BAC
level.
(3) prevent a driver from
starting a vehicle when:
(a) it detects a BAC
of 0.025 or more grams of alcohol per 210 liters of breath.
(b) a driver fails to appear for a scheduled
or violation service visit within the five day warning period.
(4) require a driver to wait five
(5) minutes before attempting to start the vehicle a second or third time if
the driver's BAC on the initial breath test exceeded 0.025 grams per 210 liters
of breath.
(5) require a driver to
wait thirty (30) minutes before attempting to start the vehicle a fourth or
subsequent time if the driver's BAC on the second breath test exceeded 0.025
grams per 210 liters of breath.
(6) allow a driver to start the vehicle for
three (3) minutes after successful completion of an initial breath
test.
B. Random retests.
An ignition interlock device shall require random retests.
(1) The device shall require the driver to
take a random retest within a randomly variable interval ranging from three (3)
to ten (10) minutes after a driver has passed an initial breath test and
started the vehicle.
(2) The device
shall use an audible or visual warning to alert the driver that a random retest
is required and the driver will have five (5) minutes to take the random
retest.
(3) If a driver fails to
take a random retest within five (5) minutes of the warning, or the device
detects a BAC of 0.025 or more grams of alcohol per 210 liters of breath, the
horn shall sound repeatedly until the vehicle is turned off. The device shall
not allow the driver to:
(a) restart the
vehicle within three (3) minutes after the ignition has been turned off without
taking an initial breath test; or
(b) take an initial breath test for five (5)
minutes after the vehicle is turned off.
(4) For the duration of travel, the device
shall require additional random retests at random intervals ranging from thirty
(30) to sixty (60) minutes after the previous test.
(5) If the vehicle is intentionally turned
off or accidentally stalls after or during the warning of an impending random
retest, but before the driver takes the random retest, the driver shall not be
able to start the vehicle without taking an initial breath
test.
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