2
(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.
(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.
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
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.
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