N.M. Admin. Code § 18.20.11.10

Current through Register Vol. 36, No. 1, January 14, 2025

Section 18.20.11.10 - PERFORMANCE STANDARDS FOR IGNITION INTERLOCK DEVICES

All ignition interlock devices must be based on alcohol-specific electro-chemical fuel cell sensor technology and must meet the National Highway Traffic Safety Administration specifications published in Federal Register Volume 57, Number 67, pages 11772-11787, dated Tuesday, April 7, 1992 and the requirements of this rule. An ignition interlock device shall:

A. detect a BAC of 0.025 grams of alcohol per 210 liters of breath, with an accuracy of plus or minus 0.005 grams of alcohol per 210 liters of breath.

B. prevent the vehicle from starting ninety-five (95) percent of the time when it detects a BAC above 0.025 grams of alcohol per 210 liters of breath.

C. assure that the breath sample collected is essentially alveolar.

D. detect attempts to tamper with or circumvent the device.

E. not have any form of bypass device that would permit a driver to start a vehicle without taking an initial breath test.

F. be usable by a person of average intelligence with minimum inconvenience;

G. operate at all temperatures between -10° Fahrenheit and 110° Fahrenheit.

H. operate at all altitudes between 2500 feet and 13,000 feet.

I. not be significantly affected by humidity, dust, electromagnetic interference, or normal automobile vibration. The device shall meet the requirements of subsections A and B of this section when subjected to simple harmonic motion (vibrations) having an amplitude of:

(1) 0.38mm (0.015 inches) applied initially at a frequency of 10 Hz and increased at a uniform rate to 30 Hz in 2 1/2 minutes, then decreased at a uniform rate to 10 Hz in 2 1/2 minutes; and

(2) 0.19mm (0.0075 inches) applied initially at a frequency of 30 Hz and increased at a uniform rate to 60 Hz in 2 1/2 minutes, then decreased at a uniform rate to 30 Hz in 2 1/2 minutes.

J. not be affected by normal fluctuations of power source voltage resulting from operation of the vehicle and other electronic devices installed in the vehicle.

K. allow the vehicle to be restarted without requiring an additional breath test for three (3) minutes after the ignition has been turned off or the vehicle has stalled, except when the driver has failed to take a random retest.

L. display device responses or label the light-up buttons on the device, as applicable, in English or Spanish as requested by the sentenced driver.

M. provide audible and visual warning signals, and written, spoken, or visual instructions in English or Spanish when an initial breath test or random retest is required;

N. not indicate a breath test failure when testing an alcohol-free sample or a sample containing endogenously produced substances capable of being present in the breath.

O. automatically cleanse or remove from the device a previous breath sample or other contaminant containing alcohol before allowing a subsequent breath test to be taken.

P. retain data for a minimum of three thousand (3,000) driving events or a period of sixty-five (65) days before requiring servicing.

Q. retain its electronic tamper detection capabilities when the device is disconnected from the vehicle's power supply, or record that the device was disconnected.

R. provide a service visit reminder if the device's internal memory reaches ninety percent (90%) of capacity.

S. not report false passes of a breath test more than five (5) percent of the time

T. not report false failures of a breath test more than five (5) percent of the time.

U. issue an audible or visual warning that the vehicle needs to be serviced within five (5) days:

(1) whenever the driver is scheduled for a service visit;

(2) the driver has failed an initial breath test six (6) times within a period of three (3) hours;

(3) the driver has failed initial breath tests or random retests ten (10) times within a period of thirty (30) days;

(4) the device detects evidence of circumventing or tampering.

V. not permit the vehicle to be started if the sentenced driver fails to appear for a service visit within the five (5) day warning period. The vehicle shall not be operable until aservice center operator or service technician has serviced the device.

W. be calibrated at a calibration set point of 0.05 grams of alcohol per 210 liters of breath using the known concentration of an approved reference sample, and remain stable in the field for at least sixty-five (65) days.

X. not impede the safe operation of the vehicle.

N.M. Admin. Code § 18.20.11.10

18.20.11.10 NMAC - Rp, 18 NMAC 20.11.8, 1-1-03