La. Admin. Code tit. 55 § I-501

Current through Register Vol. 50, No. 11, November 20, 2024

Section 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. At least once every four months thereafter for the Intoxilyzer 5000 and once every six months for the Intoxilyzer 9000, each individual instrument shall be inspected, checked, and certified by the applied technology director, breath analysis supervisor, breath analysis specialist, 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 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 applied technology director, breath analysis supervisor, breath analysis specialist, breath analysis instructor specialist, or applied technology specialist's 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 5000, which was formerly manufactured by CMI Inc. and distributed by Federal Signal Corporation, and since October 9, 1988 manufactured by CMI, Inc. a subsidiary of MPD, Inc. Every Intoxilyzer 5000 which has been certified and placed in operation in Louisiana is now and has been continuously, since the date of its original certification, an approved instrument for the analysis of breath specimens for the determination of blood alcoholic content regardless of any incorrect reference to its manufacture or distribution in the amendment of July 20, 1991.

2. 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.

La. Admin. Code tit. 55, § I-501

Promulgated by the Department of Public Safety, Office of State Police, LR 4:390 (October 1978), amended LR 6:660 (November 1980), amended by the Department of Public Safety and Corrections, Office of State Police, LR 11:256 (March 1985), LR 14:362 (June 1988), repromulgated LR 14:441 (July 1988), amended LR 17:672 (July 1991), repromulgated LR 17:795 (August 1991), amended LR 18:1266 (November 1992), amended by the Department of Public Safety and Corrections, Office of State Police, Applied Technology Unit, LR 38:1992 (August 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:663.