Arkansas Code Title 5. Criminal Offenses § 5-65-207. Alcohol testing devices

(a)(1) An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more shall be constructed so that the analysis:

(A) Is made automatically when a sample of the person's breath is placed in the instrument;  and

(B) Does not require adjustment or other action by the person administering the analysis.

(2) The instrument shall display digitally the alcohol content on the instrument itself as well as on an automatic printout.

(b) A breath analysis made by or through the use of an instrument that does not conform to the requirements of this section is inadmissible in a criminal or civil proceeding.

(c)(1) The State Board of Health may adopt appropriate rules to carry out the intent of this section.

(2) Only instruments approved by the board as meeting the requirements of this section and its own rules shall be used for making the breath analysis for determining alcohol concentration.

(3)(A) The Department of Health may limit by its rules the types or models of testing devices that may be approved for use under this section.

(B) The approved types or models shall be specified by manufacturer's name and model.

(d) A law enforcement agency that conducts alcohol testing shall comply with this section.


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