9. Please describe the extent to which the rules conflict with or duplicate similar rules,
compliance requirements, or other standards adopted at the state, regional, or federal level.
The rules do not conflict with or duplicate similar rules, compliance requirements, or other
standards adopted at the state, regional, or federal level.
10. Is the subject matter of the rules currently contained in any guideline, handbook, manual,
instructional bulletin, form with instructions, or operational memoranda?
Yes. The subject matter of these rules is currently in use in manuals and handbooks. With the
revisions to these rules, any reference to the current rules will be updated. These rules will be
incorporated as a guidance document for the Michigan State Police – Forensic Science Division’s
new Evidential Breath Alcohol Calibration and Maintenance Program. This program will seek
accreditation using ISO 17025 and forensic accreditation supplemental documents or their future
equivalents and these updated Administrative Rules.
11. Are the rules listed on the department’s annual regulatory plan as rules to be processed
for the current year?
12. Will the proposed rules be promulgated under Section 44 of the Administrative Procedures
Act, 1969 PA 306, MCL 24.244, or under the full rulemaking process?
13. Please describe the extent to which the rules exceed similar regulations, compliance
requirements, or other standards adopted at the state, regional, or federal level.
These rules do not exceed any regulations or compliance requirements. The rules adopt by
reference federal specifications for evidential breath alcohol analysis.
14. Do the rules incorporate the recommendations received from the public regarding any
complaints or comments regarding the rules? If yes, please explain.
Yes. In a 2021 meeting with stakeholders from the Criminal Defense Attorneys of Michigan
(CDAM) and the Prosecuting Attorneys Association of Michigan (PAAM), the Michigan State
Police Forensic Science Division was encouraged to improve the following:
Field a new evidential breath alcohol instrument that allows for measurement of uncertainty. This
requires instrumentation that can reliably report to 0.000 grams alcohol/210 L breath.
Increase the information available within a standard breath test report by the instrument, including
a breath flow profile and instrument uncertainty.
Allow for improved and/or streamlined instrument data access and discovery.
15. If amending an existing rule set, please provide the date of the last evaluation of the rules
and the degree, if any, to which technology, economic conditions, or other factors have changed
the regulatory activity covered by the rules since the last evaluation.
The rules were last evaluated in June 2021. Since then, the Michigan State Police has decided to
replace the outdated fleet of Evidential Breath Alcohol instruments currently in use. The
department has selected a replacement instrument profile/attributes and prepared a bid platform
for a new purchase. The new instrument profile, along with public and department
recommendations for the instrument’s performance, will require a change to the Administrative
16. Are there any changes or developments since implementation that demonstrate there is no
continued need for the rules, or any portion of the rules?