DEPARTMENT OF STATE POLICE

                       TRAFFIC SAFETY DIVISION

                       TESTS FOR BREATH ALCOHOL

(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 325.2651   Definitions.
  Rule 1. (1) As used in these rules:
  (a) "Acts" means 1945 PA 327, MCL 259.190, 1949 PA 300, MCL 257.625a,  1993 
PA 354, MCL 462.359, 1994 PA 451,  MCL  324.80181,  MCL  324.81136,  and  MCL 
324.82137.
  (b) "Alcohol standard" means a certified alcohol standard.
  (c) "Calendar month" means 12:01 a.m. on the first date of any  of  the  12 
named months of the year to midnight on the last date of the same month.
  (d) "Calendar week" means 12:01 a.m. Sunday to midnight Saturday.
  (e) "Class" means a classification of operator status as certified  by  the 
department, based on training and function as specified in subrule (4)  of  R 
325.2658.
  (f) "Department" means the department of state police.
  (g) "Equipment" means evidential and preliminary breath  test  instruments, 
simulator devices, forms, and any  accessories  and  supplies  necessary  for 
compliance with the procedures in these rules or law.
  (h) "Evidential breath alcohol analysis"  means  chemical  analysis  of  an 
essentially alveolar breath sample that indicates a specific result in  grams 
of alcohol per 210 liters of breath.
  (i) "Evidential breath alcohol test instrument" means an evidential  breath 
testing device that indicates a specific result in grams of alcohol  per  210 
liters of breath.
  (j) "Preliminary  breath  alcohol  analysis"  means  chemical  analysis  of 
essentially alveolar breath samples that indicates the presence or absence of 
alcohol in a person's blood.
  (k) "Preliminary breath alcohol test instrument"  means  a  breath  alcohol 
screening device that indicates the presence  or  absence  of  alcohol  in  a 
person's blood.
  (l) "Shall" means that a function is mandatory.
  (m) "Should" means that a function is recommended, but not mandatory,  with 
reasonable deviation allowed.
  (2) Terms used in the acts have the same meanings when used in these rules.

  History:  1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;
2007 AACS.


R 325.2652   Approved equipment.
  Rule 2. (1) Evidential and  preliminary  breath  alcohol  test  instruments 
shall be tested by, and shall meet  the  existing  model  specifications  for 
evidential breath alcohol analysis  as  established  by,  the  United  States 
department of transportation, national highway traffic safety administration. 
 The specifications,  identified  as  "Model  Specifications  for  Evidential 
Breath Testing Devices," 49 FR 48855 et seq., (December 14, 1984), as amended 
by 58 FR 48705 et seq., (September 17, 1993), 62 FR 43416  et  seq.,  (August 
13, 1997), and 69 FR 42237 et seq., (July 14,  2004)  are  adopted  in  these 
rules by reference. A copy of the specifications  and  a  current  conforming 
products list are available from  the  Superintendent  of  Documents,  United 
States Government Printing Office, Washington, DC 20402, or from the Michigan 
State Police, Field  Operations  Division,  714  South  Harrison  Road,  East 
Lansing, Michigan 48823, at a cost as of the time of adoption of these  rules 
of $25.00.
  (2) If the United States  department  of  transportation  discontinues  the 
testing of evidential breath alcohol test  instruments  or  the  issuance  of 
model specifications for such testing,  only  those  instruments  tested  and 
approved by the department shall be used.
  (3)  Equipment,  including  accessories  and  supplies,   for   determining 
evidential or preliminary breath alcohol analysis shall be  approved  by  the 
department before use.
  (4) An application  for  equipment  approval  shall  be  submitted  to  the 
department.

  History:  1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;
2007 AACS.


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.

  History:  1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;
2007 AACS.


R 325.2654   Equipment repair and service.
  Rule 4. (l) The repair and service of equipment approved by the  department 
for evidential and preliminary  breath  alcohol  analysis  shall  be  at  the 
expense  of  the  agency  using  the  equipment.   The  department  may  make 
arrangements to have this service provided either  by  an  appropriate  class 
operator  pursuant  to  R  325.2658(4)  or   provided   by   the   instrument 
manufacturer's authorized representatives approved by the department.
  (2) Subsequent to repair or service and before  being  placed  in  service, 
preliminary and evidential breath alcohol test instruments shall be  verified 
for accuracy in accordance with the provisions of R 325.2653 and  records  of 
verification shall be kept as required by the department.

  History:  1979 AC; 1984 AACS; 1992 AACS; 2007 AACS.


R 325.2655   Techniques and procedures.
  Rule 5. (1) A procedure that is used in conjunction with evidential  breath 
alcohol analysis shall  be  approved  by  the  department  and  shall  be  in 
compliance with all of the following provisions:
  (a) Evidential breath alcohol test instruments shall be  operated  only  by 
appropriate class operators pursuant to R 325.2658(4).
  (b)  All  analyses  shall  be  conducted  using   the   department-approved 
procedures and report forms as required.
  (c) Prescribed  records  of  operation,  analyses,  and  results  shall  be 
maintained at the instrument location as prescribed by  the  department,  and 
copies shall be forwarded to the department as required.
  (d) The department shall test samples from each lot  of  alcohol  standards 
used in  the  state  in  conjunction  with  evidential  breath  alcohol  test 
instruments. The department shall certify  for  use  those  lots  of  alcohol 
standards that are found to be proper in chemical composition.
  (e) A person may be administered a breath alcohol analysis on an evidential 
breath alcohol test instrument only after being observed for 15 minutes by  1 
or  more  appropriate  class  operators  pursuant  to  R  325.2658(4)  before 
collection of the breath sample, during which period  the  person  shall  not 
have smoked, regurgitated, or placed anything in his or her mouth, except for 
the mouthpiece associated with the performance of the test.  The  observation 
may be conducted by more than 1 operator working in  concert.   The  operator 
need not stare continuously at the subject, but must be close  enough  to  be 
aware of the person's actions and  conditions.   The  operator  may  complete 
paperwork, enter data into the  breath  test  instrument,  or  conduct  other 
reasonable tasks during the observation period provided the subject is within 
the operator's field of vision.  Breaks in the observation lasting only a few 
seconds do not invalidate the observation  if  the  operator  can  reasonably 
determine that the subject did not smoke, regurgitate, or place  anything  in 
his or her mouth during the break in the observation.
  (f) A second breath alcohol analysis shall be  requested  from  the  person 
being tested and administered, unless the person refuses to give  the  second 
sample or a substance is found in the person's mouth subsequent to the  first 
test that could interfere with the test result.  Obtaining the  first  sample 
is sufficient to meet the requirements for evidentiary purposes prescribed in 
1949 PA 300, MCL 257.625c.  The purpose of obtaining a second  sample  result 
is to confirm the result of the first sample. A second  sample  result  shall 
not vary from the first sample result by more than the following values:

Table 1
Blood alcohol	Allowable variation of  second  sample 
concentration     result range from the first
0.00 - 0.14	      +/- 0.01
0.15 - 0.24	      +/- 0.02
0.25 - 0.34	      +/- 0.03
0.35 - or more	+/- 0.04


If the variation is more than that allowed, a third breath  sample  shall  be 
requested from the person being tested and a third result may be  obtained.   
If the third result does not conform to the allowable variation of either  of 
the first 2 tests, as established in table 1, the person shall  be  requested 
to submit a blood or  urine  sample  for  analysis  in  accordance  with  MCL 
257.625a(6)(c) and the procedures established in R 325.2671 to R 325.2677. 
  (g) The results of a breath alcohol analysis of a person's breath shall  be 
expressed in terms of grams of alcohol per 210 liters of breath, truncated to 
the second decimal place.  For example, 0.237 found shall be reported as 0.23.
  (2) A procedure that is used in conjunction with preliminary breath alcohol 
analysis shall be approved by the department and shall be in compliance  with 
all of the following provisions:
  (a) Preliminary breath alcohol test instruments shall be operated  only  by 
appropriate class operators pursuant to R 325.2658(4).
  (b) A person may be administered a breath  test  on  a  preliminary  breath 
alcohol test instrument only after it has been determined that the person has 
not smoked, regurgitated, or placed anything in his or her mouth for at least 
15 minutes.
  (c) Prescribed records shall be maintained at the  instrument  location  as 
prescribed by the department and copies shall be forwarded to the  department 
as required.
  (3) A person's welfare shall be protected by requesting medical  assistance 
if the person has a body alcohol concentration of 0.35 or more.

  History:  1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 MR AACS; 2003 AACS;
2007 AACS.


R  325.2656   Operator certification.
  Rule  6.  (1)  Evidential  breath  alcohol   test    instrument    operator 
certification training courses supervised by the   department   are   offered 
only to authorized police agency personnel.
  (2) Certification on evidential breath  testing   equipment   requires   an 
applicant to  successfully  complete  a  course  of   instruction   that   is 
approved by the department.
  (3) The operation of a preliminary breath testing  instrument  requires  an 
applicant to successfully complete a course of instruction  as  approved   by 
the department.
  (4)  Evidential  breath  alcohol   test    instrument    operators    shall 
successfully pass the examinations  given  by  the   department   to   obtain 
certification  as  an  operator.  Upon  successful    completion    of    the 
examinations, a person shall be issued a certification   card   which   shall 
remain the property of the department. In the case of failure   to   pass   a 
prescribed examination, a second opportunity to take the examination shall be 
provided as the department may direct. Failure to successfully  complete  the 
examination a second time necessitates repeating  the   operator   course  of 
instruction to qualify for certification.
  (5) An operator shall  comply  with  all   applicable   department   rules, 
policies, and procedures or his or her certification may  be  suspended   and 
his or her certification card forfeited to the   department.   Requests   for 
reinstatement of operator certification shall be made to  the  department  in 
writing and, upon approval, may require attendance at,  and  the   successful 
completion of, a certification school.

  History:  1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS.


R  325.2657   Rescinded.

  History:  1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS.


R 325.2658   Operator training and certification.
  Rule 8. (1) The department shall train  and  certify  selected  persons  to 
perform various functions as described in subrule (4) of this rule, and shall 
designate such persons as class I, class II, class IIIA,  class  IIIB,  class 
IVA, or class IVB operators according to training and function.  An  operator 
may hold multiple and concurrent classifications.  Operator certification  is 
non-expiring.
  (2)  The  minimum  training  requirements  and  proficiency  standards  for 
operator candidates are as follows:
  (a) A class I operator shall  complete  a  2-hour  class  I  departmentally 
approved training course,  obtain  a  minimum  score  of  70%  on  a  written 
examination, and demonstrate proficiency in the operation  of  a  preliminary 
breath test instrument.
  (b) A class II operator shall complete a  6-hour  class  II  departmentally 
approved training course,  obtain  a  minimum  score  of  70%  on  a  written 
examination, and demonstrate proficiency in the operation of  an  evidentiary 
breath test instrument.
  (c) A class IIIA operator shall be currently certified as both  a  class  I 
and class II operator, complete a 3-hour class IIIA  departmentally  approved 
training course, obtain a minimum score of 70% on a written examination,  and 
demonstrate proficiency in the verification and  calibration  of  preliminary 
breath alcohol test instruments.
  (d) A class IIIB operator shall be a currently certified class II operator, 
complete a 2-hour class IIIB departmentally approved training course,  obtain 
a minimum score of 70% on a written examination, and demonstrate  proficiency 
in the limited service of evidentiary breath test instruments.
  (e) A class  IVA  operator  shall  be  a  currently  certified  class  IIIA 
operator, complete an 8-hour class  IVA  departmentally  approved  instructor 
training course, and demonstrate proficiency instructing class II  and  class 
IIIA operator candidates.
  (f) A class IVB operator shall be a currently certified class IVA  operator 
that has been designated by the department to administer the  breath  testing 
program for the state of Michigan.  Before such designation,  the  class  IVB 
operator shall receive additional training  in  the  service  of  preliminary 
breath test instruments, the repair and service of  evidentiary  breath  test 
instruments, and certification by the manufacturer(s) of such instruments.
  (3) The department shall develop and distribute to each certified  operator 
a training manual for each  of  the  operator's  classification(s).   Manuals 
shall specify the functions performed  by  each  classification  pursuant  to 
subrule (4) of this rule, as well as the knowledge and  skills  necessary  to 
perform the appropriate functions.
  (4) The primary functions of each classification of operator are  described 
in Table 2.  Additional functions not described in Table 2 may be  designated 
by the department and described and explained  in  the  appropriate  training 
manual.

Table 2



 

  
Function

  

Operator Class

 
 

  


  
 

  
  
I

  
II

  
IIIA

  
IIIB

  
IVA

  
IVB

 
 

  
Train   and   Certify   Class   I 
Operators

  


  
 

  
  


  
 

  
  
X

  


  
 

  
  
X

  
X

 
 

  
Train   and   Certify   Class   II 
Operators

  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

  
X

 
 

  
Train  and   Certify   Class   IIIA 
Operators

  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

  
X

 
 

  
Train  and   Certify   Class   IIIB 
Operators

  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

 
 

  
Train   and   Certify   Class   IVA 
Operators

  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

 
 

  
Administer preliminary breath alcohol 
analyses on preliminary breath alcohol  test  instruments  specified  by  the 
department

  
X

  


  
 

  
  
X

  


  
 

  
  
X

  
X

 
 

  
Administer evidentiary breath alcohol 
analyses on evidential breath  alcohol  test  instruments  specified  by  the 
department

  


  
 

  
  
X

  
X

  
X

  
X

  
X

 
 

  
Verify for accuracy and calibrate, as 
required,  preliminary  breath  alcohol  test  instruments


  


  
 

  
  


  
 

  
  
X

  


  
 

  
  
X

  
X

 
 

  
Verify  for  accuracy   evidentiary 
breath alcohol  test  instruments  specified  by  the  department


  


  
 

  
  
X

  
X

  
X

  
X

  
X

 
 

  
Calibrate, as  required,  evidentiary 
breath alcohol  test  instruments  specified  by  the  department


  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

 
 

  
Provide   limited   service    on 
evidentiary breath alcohol test instruments specified by the  department


  


  
 

  
  


  
 

  
  


  
 

  
  
X

  


  
 

  
  
X

 
 

  
Provide service on preliminary breath 
alcohol test instruments  specified  by  the  department  


  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

 
 

  
Provide  repair  and   service   on 
evidentiary breath alcohol test instruments specified by the  department


  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

 
 

  
Inspect  and  certify   evidentiary 
breath alcohol test instruments for proper  working  order  within  120  days 
pursuant to R 325.2653(3)

  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

 
 

  
Conduct  inspections  for  compliance 
with applicable department rules, policies, and procedures


  


  
 

  
  


  
 

  
  


  
 

  
  


  
 

  
  
X

  
X

 


  History:  1979 AC; 1984 AACS; 1992 AACS; 1994 AACS; 2007 AACS.


R 325.2659   Rescinded.

  History:  1979 AC; 2003 AACS; 2005 AACS.