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SOAHR 2007-011 DEPARTMENT OF STATE POLICE
TRAFFIC SAFETY DIVISION TESTS FOR BREATH ALCOHOL
Filed with the Secretary of State on September 18, 2007
These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State
(By authority conferred on the department of state police by 1945 PA 327, MCL 259.190, 1949 PA 300, MCL 257.625h, and 1994 PA 451, MCL 324.80181 and MCL 324.82137)
R 325.2653 of the Michigan Administrative Code is amended to read as follows: R 325.2653 Equipment accuracy.
Rule 3. (1) An evidential breath alcohol test instrument shall be verified for accuracy at least once at
any time during each calendar week, or more frequently as the department may require, by an appropriate class operator pursuant to R 325.2658(4). The tests need not be performed within 7 days of each other, but shall be performed less than 14 days apart. The test for accuracy shall be made in a prescribed manner using an alcohol standard that is approved by the department. For the instrument to meet the requirements for accuracy, a test result of .076 to .084 shall be obtained when using a controlled device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor. Controlled devices include both of the following:
(a) Wet bath device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor.
(b) Compressed alcohol gas device that delivers .080 grams of alcohol per 210 liters of vapor or a result that is within 5% of the compressed alcohol standard concentration after applying applicable altitude or topographic elevation correction factor supplied by the manufacturer.
(2) A preliminary breath alcohol test instrument shall be verified for accuracy at least monthly, or more frequently as the department may require, by an appropriate class operator pursuant to R 325.2658(4). The test for accuracy shall be made in a prescribed manner using an alcohol standard that is approved by the department. For the instrument to meet the requirements for accuracy, a test result of .076 to .084 shall be obtained when using a controlled device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor. Controlled devices include both of the following:
(a) Wet bath device that delivers an alcohol vapor concentration of .080 grams of alcohol per 210 liters of vapor.
(b) Compressed alcohol gas device that delivers .080 grams of alcohol per 210 liters of vapor or a result that is within 5% of the compressed alcohol standard concentration after applying applicable altitude or topographic elevation correction factor supplied by the manufacturer.
(3) Approved evidential breath alcohol test instruments shall be inspected, verified for accuracy, and certified as to their proper working order by either an appropriate class operator pursuant to R 325.2658(4) or the instrument manufacturer's authorized representatives approved by the department within 120 days of the previous inspection.
