Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part I - State Police › Chapter 5 - Breath and Blood Alcohol Analysis Methods and Techniques › Subchapter A - Analysis of Breath › Section I-501 - Approval of Instruments to Conduct Blood Alcohol Analysis by Breath Sampling

Current through Register Vol. 50, No. 6, June 20, 2024
A. After the
				  Louisiana Department of Public Safety and Corrections has approved a prototype
				  breath testing device as an acceptable model for chemical analysis in blood
				  alcohol testing by breath sampling it shall be necessary for each individual
				  instrument of the approved model to be inspected and approved for use by the
				  Office of State Police, Applied Technology Unit, and an instrument
				  certification form shall be maintained for each individual instrument in the
				  Applied Technology Unit. At least once every four months thereafter for the
				  Intoxilyzer 5000 and once every six months for the Intoxilyzer 9000, each
				  individual instrument shall be inspected, checked, and certified by the applied
				  technology director, breath analysis supervisor, breath analysis specialist,
				  breath analysis instructor specialist, or applied technology specialist of the
				  Applied Technology Unit and a recertification form shall be maintained in the
				  Applied Technology Unit. A copy of this certificate may be filed with clerk of
				  the applicable court in the respective parish in which each device is used for
				  blood/breath testing, and this copy shall be prima facie evidence as to the
				  proper working order of the instrument. The inspecting applied technology
				  director, breath analysis supervisor, breath analysis specialist, breath
				  analysis instructor specialist, or applied technology specialist's permit
				  number shall also be affixed to this certificate. Any manufacturer of any
				  apparatus, device, or equipment made for the purpose of analyzing the alcoholic
				  contents of the blood by breath sampling may request the Applied Technology
				  Unit to approve such apparatus, device or equipment. The Applied Technology
				  Unit will consider such a request upon submission of such information,
				  instructions for use, exemplars and other pertinent data as the Applied
				  Technology Unit may request. Before any blood/breath alcohol testing will be
				  approved it must have undergone inspection and testing by the Applied
				  Technology Unit. This period of testing and evaluation is for the purpose of
				  assuring that an instrument is free of any design error, malfunction or
				  operating problems and accurately and consistently determines the percent by
				  weight by volume of alcohol in the blood at the time the test is administered
				  by utilizing the 2100:1 correlation between alcohol in the breath and alcohol
				  in the blood in accordance with the
Uniform Vehicle
				  Code
.
B. Approval of
				  Instrumentation. The following is the instrument approved by the Louisiana
				  Department of Public Safety and Corrections, the Office of State Police,
				  Applied Technology Unit for analysis of breath specimens for the determination
				  of the blood alcoholic content therein.
1.
				  Intoxilyzer 5000, which was formerly manufactured by CMI Inc. and distributed
				  by Federal Signal Corporation, and since October 9, 1988 manufactured by CMI,
				  Inc. a subsidiary of MPD, Inc. Every Intoxilyzer 5000 which has been certified
				  and placed in operation in Louisiana is now and has been continuously, since
				  the date of its original certification, an approved instrument for the analysis
				  of breath specimens for the determination of blood alcoholic content regardless
				  of any incorrect reference to its manufacture or distribution in the amendment
				  of July 20, 1991.
2. Intoxilyzer
				  9000, manufactured by CMI, Inc., a subsidiary of MPD, Inc. Every Intoxilyzer
				  9000 which has been certified and placed in operation in Louisiana is now and
				  has been continuously, since the original certification, an approved instrument
				  for the analysis of breath specimens for the determination of blood alcoholic
				  content.