N.M. Admin. Code § 18.20.11.7

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

Section 18.20.11.7 - DEFINITIONS

As used in this rule:

A. alveolar breath means an air sample which is the last portion of a prolonged, uninterrupted exhalation and which gives a quantitative measurement of the alcohol concentration in the breath from which the breath alcohol concentration can be determined. A minimum volume of 1200 milliliters is required to represent alveolar breath. ("Alveolar" refers to the alveoli, the smallest air passages in the lungs, which are surrounded by capillary blood vessels through which an interchange of gases occurs during respiration.)

B. appropriate authorities means the sentencing court, an assigned probation officer, the Bureau or its designee, the Motor Vehicle Division of the Taxation and Revenue Department, and/or the New Mexico Department of Finance and Administration.

C. bogus breath sample means any gas sample other than an unaltered, undiluted, and unfiltered alveolar breath sample from a driver.

D. breath alcohol concentration (BAC) means the amount of alcohol in a person's breath, determined by chemical analysis and measured in grams of alcohol per 210 liters of breath.

E. Bureau means the Traffic Safety Bureau of the New Mexico State Highway and Transportation Department.

F. calibrate means to test and adjust an ignition interlock device so that it accurately measures breath alcohol concentration.

G. circumventing means an overt, conscious attempt to use a bogus or filtered breath sample or an electronic bypass mechanism to start a vehicle, or to push start or hot wire a vehicle, without taking and passing an initial breath test.

H. certificate means a document issued by the Bureau authorizing a person to install and remove ignition interlock devices and, where applicable, to train installers.

I. clean driving record means a person has no more than six (6) points on his/her driver's license, and has not within the last three (3) years had his/her driver's license suspended or revoked as a result of a DWI conviction or refusal to submit to or failure of chemical tests pursuant to the Implied Consent Act, or been convicted in any jurisdiction of an alcohol or drug-related driving offense.

J. driver means a person who operates a vehicle in which an ignition interlock device has been installed pursuant to NMSA 1978 Section 66-5-35 or 66-8-102.

K. filtered breath sample means a breath sample which has been filtered through a substance such as, but not limited to, silica gel, drierite, cat litter, cigarette filters, water filters, or cotton, in an attempt to remove alcohol from the sample

L. ignition interlock device or device means an electronic breath alcohol analyzer with microcomputer logic and an internal memory connected to the ignition and other control systems of a vehicle that measures breath alcohol concentration and prevents a driver from starting the vehicle if the driver's BAC exceeds a specified limit.

M. independent laboratory means a testing laboratory or analytical chemist not affiliated with a manufacturer of ignition interlock devices that is qualified to test ignition interlock devices or reference samples and is approved by the Bureau.

N. initial breath test means a breath test required to start a vehicle to ensure that the driver's BAC is below the maximum allowable level before a driver can start a vehicle.

O. installer means a person certified by the Bureau to install and remove ignition interlock devices in New Mexico.

P. instructor-installer means an installer who has successfully completed the manufacturer's installation instructor training program, as verified by the manufacturer.

Q. license means the document issued by the Bureau authorizing a person to operate a service center.

R. limited history driving record means a driving record from the Motor Vehicle Division of the Taxation and Revenue Department that includes driver's license revocations pursuant to the Implied Consent Act.

S. manufacturer means a person who produces or assembles ignition interlock devices.

T. random retest means a breath test required within randomly variable intervals while a driver is driving a vehicle to ensure that the driver's BAC remains below the maximum allowable level.

U. reference sample means either a dry gas sample or a wet bath solution containing a known concentration of alcohol at a known temperature that is used to calibrate an ignition interlock device.

V. revocation means the permanent withdrawal of the Bureau's approval of a device, license of a service center, or certificate of an installer for cause.

W. sentenced driver means a person required by law to have an ignition interlock device installed in all vehicles the person operates.

X. service means to calibrate, maintain, download data from, and inspect ignition interlock devices for evidence of tampering or circumventing, and to report information to the appropriate authorities.

Y. service center means the physical location in New Mexico where ignition interlock devices are installed, serviced, and removed, and includes mobile service units.

Z. service center operator or licensee means a person approved by a manufacturer and licensed by the Bureau to operate a service center and service ignition interlock devices in New Mexico.

AA. service technician means an employee of a service center operator who is trained by a manufacturer or service center operator to service ignition interlock devices.

BB. suspension means the withdrawal of the Bureau's approval of a device, license of a service center, or certificate of an installer for cause for a specified period of time.

CC. tampering means an overt, conscious attempt to physically alter or disable an ignition interlock device, or disconnect it from its power source, or remove, alter or deface physical anti-tampering measures, so a driver can start the vehicle without taking and passing an initial breath test.

N.M. Admin. Code § 18.20.11.7

18.20.11.7 NMAC - Rp, 18 NMAC 20.11.7, 1-1-03