New Mexico Administrative Code › Title 18 - TRANSPORTATION AND HIGHWAYS › Chapter 20 - TRAFFIC SAFETY › Part 11 - IGNITION INTERLOCK DEVICES › Section 18.20.11.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.