DEPARTMENT OF STATE POLICE  
TRAFFIC SAFETY DIVISION  
TESTS FOR BREATH ALCOHOL  
(By authority conferred on the department of state police by section 190 of the  
Aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.190, and section 625a  
of the Michigan vehicle code, 1949 PA 300, MCL 257.625a)  
R 325.2651 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Acts" means the Aeronautics code of the state of Michigan, 1945 PA 327,  
MCL 259.1 to 259.208; the Michigan vehicle code, 1949 PA 300, MCL 257.1 to  
257.923; the railroad code of 1993, 1993 PA 354, MCL 462.101 to 462.451; and the  
natural resources and environmental protection act, 1994 PA 451, MCL 324.101 to  
324.90106.  
(b) "Alcohol standard" means a certified alcohol standard.  
(c) "Calendar week" means 12:01 a.m. Sunday to midnight Saturday.  
(d) “Certified” means the operator completed the required training and possesses a  
certificate of training.  
(e) "Class" means a classification of operator status as certified by the department,  
based on training and function as specified in R 325.2658.  
(f) “Class I operator” means an operator certified to conduct a subject test with a  
preliminary breath testing instrument.  
(g) “Class II operator” means an operator certified to calibrate a preliminary breath  
testing instrument.  
(h) “Class III operator” means an operator certified to conduct a subject test with an  
evidential breath testing instrument.  
(i) “Class IVA operator” means an operator certified to instruct the class I, II, and  
III certification courses.  
(j) “Class IVB operator” means an operator certified to calibrate and repair an  
evidential breath testing instrument.  
(k) "Department" means the department of state police.  
(l) "Equipment" means evidential and preliminary breath alcohol test instruments,  
simulator devices, calibration stations, forms, and any accessories and supplies necessary  
to comply with the procedures in these rules or law.  
(m) "Evidential breath alcohol analysis" means chemical analysis of an essentially  
alveolar breath sample that indicates a specific result in grams of alcohol per 210 liters of  
breath.  
(n) "Evidential breath alcohol test instrument" means an evidential breath testing  
device that indicates a specific result in grams of alcohol per 210 liters of breath.  
(o) "Preliminary breath alcohol analysis" means chemical analysis of essentially  
alveolar breath samples that indicates the presence or absence of alcohol in an  
individual’s blood.  
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(p) "Preliminary breath alcohol test instrument" means a breath alcohol screening  
device that indicates the presence or absence of alcohol in an individual’s blood.  
(2) Terms used in the acts have the same meanings when used in these rules.  
History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS; 2007 AACS;  
2018 AACS; 2023 MR 10, May 22, 2023.  
R 325.2652 Approved equipment.  
Rule 2. (1) Except as provided in subrule (2) of this rule, evidential and preliminary  
breath alcohol test instruments must meet the existing model specifications for evidential  
breath alcohol analysis as established by the United States Department of Transportation,  
National Highway Traffic Safety Administration. The specifications are identified as  
“Model Specifications for Devices to Measure Breath Alcohol” 58 FR 48705, (September  
17, 1993), as amended by 82 FR 50940 et seq., (November 2, 2017) and are adopted in  
these rules by reference. Copies of the specifications and a current conforming products  
list are available from the United States Department of Transportation, National Highway  
Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, D.C. 20590  
and its website at nhtsa.gov, or from the Michigan State Police, Records Resource  
Section, 7150 Harris Drive, P.O. Box 30634, Lansing, MI, 48909 and its website at  
www.michigan.gov/msp/services/foia. A fee of $1.00 may be charged for each requested  
copy. A copy of the specifications and conforming products list may be inspected at the  
Michigan State Police, Training Division, 7426 N Canal Road, Lansing, MI, 48913  
during normal business hours.  
(2) If the United States Department of Transportation discontinues the testing of  
evidential breath alcohol test instruments or the issuance of model specifications for that  
test, only those instruments tested and approved by the department can be used.  
(3) An application for equipment approval must be submitted to the department.  
(4) Operators shall only use equipment approved by the department for evidential  
and preliminary breath alcohol analysis.  
History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;2007 AACS;  
2010 AACS; 2018 AACS; 2023 MR 10, May 22, 2023.  
R 325.2653 Equipment accuracy evidential breath test instruments.  
Rule 3. (1) For evidential breath test instruments that do not examine a known  
standard with each subject test, an appropriate class operator who has been certified in  
accordance with R 325.2658 shall verify an evidential breath alcohol test instrument for  
accuracy at least once each calendar week, or more frequently as the department may  
require. Alternatively, a pre-programmed self-test for accuracy may be initiated by the  
evidential breath alcohol test instrument and recorded by an appropriate class operator  
who has been certified in accordance with R 325.2658, if the instrument is so equipped  
and programmed. The tests for accuracy are not required to be performed within 7 days  
of each other. The test for accuracy must be made using an alcohol standard that is  
approved by the department. For the evidential breath alcohol test instrument to meet the  
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requirements for accuracy, a test result must not exceed +/- 5% when using a controlled  
device. Controlled devices include both of the following:  
(a) A wet bath device that delivers an alcohol vapor concentration test result of  
0.080 grams of alcohol per 210 liters of vapor.  
(b) A compressed alcohol gas device that delivers a test result of 0.080 grams of  
alcohol per 210 liters of vapor before applying applicable barometric pressure correction.  
To meet this requirement, the instrument must analyze the known ethanol gas standard  
within +/- 5% of the adjusted or corrected alcohol concentration based on the barometric  
correction.  
(2) A weekly test is not required for evidential breath test instruments that examine a  
known alcohol standard, either wet bath or compressed gas, with each test subject. If an  
accuracy check is conducted, then the results must be retained either in log form by the  
agency where the instrument is installed or electronically within the instruments memory.  
(3) Approved evidential breath alcohol test instruments that do not examine a known  
alcohol standard with each test subject must be inspected, verified for accuracy, and  
certified as to their proper working order within 120 days after the previous inspection by  
either an appropriate class operator who has been certified in accordance with R  
325.2658, or a manufacturer-trained representative approved by the department.  
(4) Approved evidential breath alcohol test instruments that examine a known  
alcohol standard with each subject test must be inspected, verified for accuracy, and  
certified as to their proper working order not less than 2 times annually by either an  
appropriate class operator who has been certified in accordance with R 325.2658, or a  
manufacturer-trained representative approved by the department.  
History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;2007 AACS;  
2010 AACS; 2018 AACS; 2023 MR 10, May 22, 2023.  
R 325.2654 Rescinded.  
History: 1979 AC; 1984 AACS; 1992 AACS; 2007 AACS; 2018 AACS; 2023 MR 10, May 22,  
2023.  
R 325.2655 Techniques and procedures – evidential breath test instruments.  
Rule 5. A procedure that is used in conjunction with evidential breath alcohol  
analysis must be approved by the department and comply with the following  
requirements:  
(a) Except as provided otherwise in these rules, evidential breath alcohol test  
instruments must be operated by appropriate class operators who are certified in  
accordance with R 325.2658.  
(b) All analyses must be conducted following procedures approved by the  
department and using forms approved by the department, as required.  
(c) Records of operation, analyses, and results must be maintained at the evidential  
breath alcohol test instrument location as prescribed by the department, and copies must  
be forwarded to the department as required.  
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(d) The department shall test samples from each lot of alcohol standards used in this  
state, in conjunction with evidential breath alcohol test instruments. The department shall  
certify for use those lots of alcohol standards that are found to be proper in chemical  
composition.  
(e) An individual shall be administered an evidential breath alcohol analysis on an  
evidential breath alcohol test instrument only after being observed for not less than 15  
minutes before collection of the breath sample by at least 1 appropriate class operator that  
is certified in accordance with R 325.2658. The observation period may be conducted by  
more than 1 operator working in concert. During the observation period, the individual  
shall not have smoked, regurgitated, or placed anything in his or her mouth, except for  
the mouthpiece associated with the performance of the evidential breath alcohol analysis.  
The operator need not stare continuously at the individual, but shall be close enough to be  
aware of the individual’s actions and conditions. The operator may complete paperwork,  
enter data into the evidential breath alcohol test instrument, or conduct other reasonable  
tasks during the observation period, if the individual is within the operator's field of  
vision. Breaks in the observation period lasting only a few seconds do not invalidate the  
observation if the operator can reasonably determine that the individual did not smoke,  
regurgitate, or place anything in his or her mouth during the breaks in the observation.  
(f) The operator shall request a second evidential breath sample from the subject  
after the first sample is provided and analyzed by the instrument, unless an item or a  
substance is found in the subject’s mouth after the first evidential breath sample analysis  
that could interfere with the result. Obtaining the first breath sample result is sufficient to  
meet the requirements for evidentiary purposes prescribed in section 625c of the  
Michigan vehicle code, 1949 PA 300, MCL 257.625c. The purpose of obtaining a  
second breath sample result is to confirm the result of the first breath sample result.  
(g) For instruments reporting 2 digits after the decimal, a second breath sample  
result must not vary from the first breath sample result by more than the allowable  
variation listed in Table 1. Tables 1 and 2 read as follows:  
Table 1  
Allowable variation of second breath result range from the first sample result.  
First Sample  
0.00 - 0.14  
0.15 - 0.24  
0.25 - 0.34  
0.35 - or more  
Allowable variation  
+/- 0.01  
+/- 0.02  
+/- 0.03  
+/- 0.04  
For instruments reporting 3 digits after the decimal, the second breath sample result  
must not vary from the first sample result by more than the allowed variation listed in  
Table 2.  
Table 2  
Allowable variation of second breath sample result from the first breath sample result.  
First Sample  
Allowable Variation  
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0.000 - 0.149  
0.150 – 0.249  
0.250 – 0.349  
0.350 or more  
+/- 0.010  
+/- 0.020  
+/- 0.030  
+/- 0.040  
(h) If the variation is more than allowed in either table under subdivision (g) of this  
rule, the operator shall request a third breath sample from the subject and a third breath  
sample result may be obtained. If the third breath sample result does not conform to the  
allowable variations of either of the first 2 tests based on the allowable variation listed in  
either table under subdivision (g) of this rule, the subject shall be requested to submit a  
blood or urine sample for analysis in accordance with the acts and the procedures  
established in R 325.2671 to R 325.2677.  
(i) The results of an evidential breath alcohol analysis of a subject’s breath must be  
expressed in terms of grams of alcohol per 210 liters of breath, truncated to the second  
decimal place or expressed to 3 decimals if the instrument is programed to do so.  
(j) If the instrument analyzes a known ethanol standard during a subject’s breath  
test, the results of that analysis must be no lower than 0.074 g/210L and no higher than  
0.084 g/210L of the nominal value of the standard. If the analysis is not within the  
prescribed standard the instrument must abort the test indicating the ethanol standard was  
not within the required range. The operator may attempt additional tests.  
History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2003 AACS;2007 AACS;  
2018 AACS; 2023 MR 10, May 22, 2023.  
R 325.2656 Rescinded.  
History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2018 AACS.  
R 325.2656a Equipment Accuracy – Preliminary Breath Test Instrument.  
Rule 6a. An appropriate class operator who has been certified in accordance with R  
325.2658 shall verify for accuracy a preliminary breath alcohol test instrument at least  
monthly, or more frequently as the department may require. The test for accuracy must  
be made using an alcohol standard that is approved by the department. For the  
preliminary breath alcohol test instrument to meet the requirements for accuracy, a test  
result not exceeding +/- 5% must be obtained when using a controlled device. Controlled  
devices include both of the following:  
(a) A wet bath device that delivers an alcohol vapor concentration of 0.080 grams of  
alcohol per 210 liters of vapor.  
(b) A compressed alcohol gas device that delivers a test result of 0.080 grams of  
alcohol per 210 liters of vapor before applying applicable altitude or topographic  
evaluation correction factor supplied by the manufacturer. The correction factor may be  
applied by the operator or by the preliminary breath alcohol test instrument calibration  
station, if pre-programmed.  
History: 2023 MR 10, May 22, 2023.  
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R 325.2657 Rescinded.  
History: 1979 AC; 1984 AACS; 1988 AACS; 1992 AACS; 1994 AACS; 2018 AACS.  
R 325.2657a  
Instruments.  
Techniques and Procedures – Preliminary Breath Test  
Rule 7a. (1) A procedure that is used in conjunction with preliminary breath alcohol  
analysis must be approved by the department and comply with all of the following:  
(a) Except as provided otherwise in these rules, preliminary breath alcohol test  
instruments must only be operated by appropriate class operators who have been certified  
in accordance with R 325.2658.  
(b) An individual may be administered a preliminary breath alcohol analysis on a  
preliminary breath alcohol test instrument only after the operator determines that the  
individual has not smoked, regurgitated, or placed anything in his or her mouth for not  
less than 15 minutes.  
(c) Records must be maintained at the preliminary breath alcohol test instrument  
location as prescribed by the department and copies must be forwarded to the department  
as required.  
(2) An individual’s welfare must be protected by requesting medical assistance if the  
result of the evidential or preliminary breath alcohol analysis is 0.35 or more. Failure to  
request medical assistance does not affect the validity or evidential value of the result of  
an evidential or preliminary breath alcohol analysis.  
History: 2023 MR 10, May 22, 2023.  
R 325.2658 Operator training and certification.  
Rule 8. (1) The department shall train and certify personnel of law enforcement  
agencies to perform various functions as described in this rule, and designate those  
individuals as class I, class II, class III class IVA, or class IVB operators. An operator  
may hold multiple and concurrent classifications. To maintain a class III certification,  
each class III operator certified after January 1, 2022 is required to re-certify every 2  
years. Class III operators certified before January 1, 2022 are required to recertify before  
December 31, 2023, and every 2 years after that. Any class III operator who fails to re-  
certify before the current certification expires is required to attend and successfully  
complete the class III operator training as detailed in R 325.2658(2)(c). An operator  
whose certification has lapsed can testify about incidents that occurred during their valid  
certification period.  
(2) The minimum training requirements and proficiency standards for operator  
certification are as follows:  
(a) A class I operator shall complete a class I training course approved by the  
department, and obtain a minimum score of 70% on a written examination administered  
by the department. An individual that fails the examination is provided an opportunity to  
retake the written examination. An individual that fails the second attempt to pass the  
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written examination shall retake the class I training course and successfully pass the  
examination to qualify for the class I certification.  
(b) A class II operator shall complete a class II training course approved by the  
department, and obtain a minimum score of 70% on a written examination administered  
by the department. An individual that fails the examination is provided an opportunity to  
retake the written examination. An individual that fails the second attempt to pass the  
written examination shall retake the class I training course and successfully pass the  
examination to qualify for the class II certification.  
(c) A class III operator shall be currently certified as a class II operator, complete a  
class III training course approved by the department, obtain a minimum score of 70% on  
a written examination administered by the department, and demonstrate proficiency in the  
use of an evidential breath testing instrument. An individual that fails the examination or  
fails to demonstrate the required proficiency is provided an opportunity to retake the  
written examination or demonstrate the required proficiency. An individual that fails the  
second attempt to pass the written examination or fails to demonstrate the required  
proficiency shall retake the class III training course and successfully pass the written  
examination and demonstrate the required proficiency to qualify for the class III  
certification.  
(d) A class IVA operator shall be currently certified as a class III operator and  
complete a class IVA training course approved by the department.  
(e) A class IVB operator shall be currently certified as a class IVA operator. Before  
class IVB certification, the class IVB operator shall receive additional training in the  
repair and service of evidential breath instruments from the manufacturer of the  
instruments or by a current class IVB operator, if the manufacturer is unavailable for  
training.  
(3) The department shall develop and distribute to each certified operator a training  
manual for each of the operator's classifications. Training manuals must specify the  
functions performed by each class pursuant to this rule, as well as the knowledge and  
skills necessary to perform the appropriate functions.  
(4) The primary functions of each class are described in Table 3. Additional  
functions not described in Table 3 may be designated by the department and described  
and explained in the appropriate training manual.  
(5) An individual that meets the training requirements and proficiency standards for  
operator certification in accordance with this rule is issued a certificate for the  
appropriate class by the department. The certificate must remain the property of the  
department.  
(6) A class I, class II, class III, class IVA, and class IVB operator shall comply with  
all applicable department rules, policies, and procedures or the department may suspend  
his or her operator certification. An individual may request for reinstatement of operator  
certification to the department in writing and, after approval, the department may require  
the individual to complete an operator training class, pass a written examination,  
demonstrate required proficiency, or any combination thereof.  
(7) The requirements for each class of operators are included in Table 3 as follows:  
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Table 3  
Cla  
X
Cla  
ss II  
Cla  
ss III  
Cla  
Cla  
ss I  
ss IVA ss IVB  
Administer preliminary breath alcohol  
analyses using preliminary breath alcohol  
test instruments approved for use by the  
department.  
Calibrate preliminary breath alcohol test  
instruments approved for use by the  
department.  
X
X
X
X
X
X
X
X
Administer evidential breath alcohol  
analyses using an evidential breath  
instrument approved by the department.  
Record weekly verification for approved  
evidential breath test instruments that do not  
examine a known standard with each subject  
test.  
X
X
X
X
X
X
X
X
Train and certify all lower-level class  
operators.  
Calibrate and service an evidential breath  
testing instrument approved for use by the  
department.  
X
History: 1979 AC; 1984 AACS; 1992 AACS; 1994 AACS; 2007 AACS; 2018 AACS; History: 2023  
MR 10, May 22, 2023.  
R 325.2659 Equipment Repair and Service.  
Rule 9. (1) The repair and service of equipment provided by the department for  
evidential and preliminary breath alcohol analysis must be at the expense of the agency  
using the equipment.  
(2) The department or the agency using the equipment may arrange to have this  
service provided either by an appropriate class operator who has been certified in  
accordance with R 325.2658 or a manufacturer-trained authorized representative  
approved by the department.  
(3) After repair or service and before being placed in service, evidential and  
preliminary breath alcohol test instruments must be verified for accuracy in accordance  
with R 325.2653. Records of verification must be maintained as required by the  
department.  
History: 1979 AC; 2003 AACS; 2005 AACS; 2023 MR 10, May 22, 2023.  
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;