N.M. Admin. Code § 18.20.11.11

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

Section 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.

N.M. Admin. Code § 18.20.11.11

18.20.11.11 NMAC - Rp, 18 NMAC 20.11.8 and 20.11.9, 1-1-03