Arkansas § 5-65-207 Alcohol testing devices

Arkansas Statutes

§ 5-65-207 — Alcohol testing devices

Arkansas § 5-65-207

Title5

This text of Arkansas § 5-65-207 (Alcohol testing devices) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 5-65-207 (2026).

Text

(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 proce

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(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.

Legislative History

Amended by Act 2015, No. 299,§ 11, eff. 7/22/2015. Acts 1985, No. 533, §§ 1-3; A.S.A. 1947, §§ 75-1046.1 -- 75-1046.3; Acts 1989, No. 419, § 1; 2001, No. 561, § 13; 2007, No. 827, § 81.