3701-53-02. Breath tests

(A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19, and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:

(1) BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm;

(2) Intoxilyzer model 5000 series 66, 68 and 68 EN; and

(3) Intoxilyzer model 8000 (OH-5).

(B) The instruments listed in this paragraph are approved as additional evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by section 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath alcohol concentration. The approved evidential breath testing instrument is:

(1) Intoxilyzer model 8000 (OH-2).

(C) Breath samples of deep lung (alveolar) air shall be analyzed for purposes of determining whether a person has a prohibited breath alcohol concentration with instruments approved under paragraphs (A) and (B) of this rule.

(D) Breath samples using instruments listed under paragraphs (A)(1), (A)(2) and (B) of this rule shall be analyzed according to the operational checklist for the instrument being used and checklist forms recording the results of subject tests shall be retained in accordance with paragraph (A) of rule 3701-53-01 of the Administrative Code. The results shall be recorded on forms prescribed by the director of health.

(E) Breath samples using the instrument listed under paragraph (A)(3) of this rule shall be analyzed according to the instrument display for the instrument being used. The results of subject tests shall be retained in a manner prescribed by the director of health and shall be retained in accordance with paragraph (A) of rule 3701-53-01 of the Administrative Code.

R.C. 119.032 review dates: 05/27/2014 and 05/15/2019
Promulgated Under: 119.03
Statutory Authority: 3701.143
Rule Amplifies: 1547.11, 1547.111, 4511.19, 4511.191, 4511.192
Prior Effective Dates: 3/1/1968, 2/1/76, 3/15/83 (Emer.), 6/13/83, 1/1/87, 5/5/90, 12/12/94, 9/14/95 (Emer.), 7/7/97, 9/30/02, 1/8/09

Prior History: (Effective: 01/08/2009
R.C. 119.032 review dates: 10/22/2008 and 01/01/2014
Promulgated Under: 119.03
Statutory Authority: 3701.143
Rule Amplifies: 15.47.11, 15.47.111, 4511.19, 4511.191, 4511.192
Prior Effective Dates: 3/1/1968, 2/1/76, 3/15/83 (Emer.), 6/13/83, 1/1/87, 5/5/90, 12/12/94, 9/14/95 (Emer.), 7/7/97, 9/30/02 )