New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 7100 - BREATH ALCOHOL PROCEDURE USING THE INTOXILYZER 5000 INSTRUMENT FOR BREATH TESTS CONDUCTED ON OR AFTER JANUARY 1, 2017
Part Saf-C 7103 - EQUIPMENT
Section Saf-C 7103.01 - Approval of Equipment

Universal Citation: NH Admin Rules Saf-C 7103.01

Current through Register No. 40, October 3, 2024

(a) The commissioner shall approve the breath test instrument and simulator by make and model in accordance with (b) below. Pursuant to RSA 265-A:12, breath tests conducted on an approved instrument to determine the alcohol concentration of one's breath shall be offered for evidentiary purposes when performed by certified personnel in accordance with procedures established in Saf-C 7103.02.

(b) The following criteria shall be used by the commissioner for approval of the breath test instrument:

(1) Breath samples collected for analysis shall be alveolar in composition;

(2) The instrument shall be capable of analyzing a series of headspace vapor samples from a simulator at known concentrations;

(3) The instrument shall be capable of performing an internal standard reference check; and

(4) The instrument shall be identified on the "Conforming Products List" by the National Highway Traffic Safety Administration as an "Evidential Breath Measurement Device."

(c) Any approved instrument submitted to the manufacturer for modification or repair shall be returned to the forensic science laboratory upon completion of servicing and shall pass a preventive maintenance check in accordance with Saf-C 7103.04 prior to returning the approved instrument to the field.

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