Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 114 - TESTING OF BLOOD, BREATH, AND OTHER BODILY SUBSTANCES FOR ALCOHOL CONCENTRATION › Subchapter 2 - BREATH ALCOHOL TESTING › Section 11-114-4 - Definitions

Current through June, 2024
As used in this subchapter:
"Alcohol" means ethyl alcohol.
"Accuracy test" means a test performed periodically using
					 a simulator as an accuracy verification device to establish the accuracy of a
					 breath alcohol testing instrument.
"Accuracy verification device" means a device or apparatus
					 used to substantiate the accuracy of a breath alcohol testing instrument when a
					 breath alcohol test or an accuracy test is conducted. These devices or
					 apparatus may be internal, external, integral parts of or attachments to breath
					 alcohol instruments. Simulators (referred to by the NHTSA as "calibrating units
					 for breath alcohol testers") are an example of one type of accuracy
					 verification device, but other devices or apparatus approved by the NHTSA or
					 the department for such use also qualify as accuracy verification
					 devices.
"Accuracy verification test" means a test performed in
					 conjunction with a breath alcohol test to verify the accuracy of the breath
					 alcohol testing instrument using an accuracy verification device.
"Air blank" means that portion of a breath alcohol test in
					 which the instrument draws in outside air to purge the instrument of the
					 previous sample in the sample chamber.
"Alcohol concentration" means grams of alcohol per two
					 hundred ten liters of breath, or terminology established by appropriate
					 statute.
"Breath" means that portion of exhaled air that is
					 considered to be end expiratory.
"Breath alcohol test" means a test to measure a person's
					 breath for alcohol concentration which is conducted for forensic breath alcohol
					 testing purposes and adheres to the criteria of this subchapter.
"Breath alcohol testing instrument" means a device for
					 determining the alcohol concentration of a person's breath.
"Chief of police" means the law enforcement official
					 charged with the enforcement of criminal laws in a jurisdiction in this State
					 or an individual(s) authorized by that chief to represent the chief in matters
					 pertaining to this subchapter. Authority granted under this subchapter to a
					 "chief of police" applies only to personnel or breath alcohol testing locations
					 in the chief's jurisdiction.
"Department" means the state department of health.
"Director of health" means the director of the state
					 department of health or the director's representative(s). For purposes of this
					 chapter this includes the DUI coordinator.
"DUI coordinator" means the director of health or the
					 individual(s) authorized by the director of health to represent the director of
					 health in matters pertaining to this chapter.
"License" means a document issued by the DUI coordinator
					 or the chief of police to a supervisor or by the chief of police to an operator
					 which grants permission for a supervisor or operator to practice in their field
					 of breath alcohol testing.
"NHTSA" means the National Highway Traffic Safety
					 Administration, a division of the Federal Department of Transportation.
"Operator" means a person who operates breath alcohol
					 testing instruments and meets the requirement of section
					 11-114-10.
"Reference sample" means a sample of known alcohol
					 concentration which can be used to determine the accuracy of a breath alcohol
					 testing instrument.
"Supervisor" means a person who supervises operators of
					 breath alcohol testing instruments and meets the requirements of section
					 11-114-9. "Target value" means the
					 result which should be obtained when an accuracy verification device (with
					 reference sample as appropriate) is used in an approved testing
					 procedure.