§ 5-75-107 — Blood alcohol testing devices

(a) (1) Any instrument used to determine the alcohol content of the breath of any person by analysis of the breath of the person for the purpose of determining if the person was operating or navigating any aircraft while intoxicated or with an alcohol concentration of four hundredths (0.04) or more shall be so constructed that the analysis is made automatically when a sample of the person's breath is placed in the instrument and without any adjustment or other action of the person administering the analysis. (2) The instrument shall be so constructed that the breath alcohol content is shown by visible digital display on the instrument and on an automatic readout. (b) Any breath analysis made by or through the use of a machine or instrument that does not conform to the requirements prescribed in this section is inadmissible in any criminal or civil proceeding. (c) (1) The State Board of Health may adopt appropriate rules to carry out the intent and purposes of this section, and only an instrument approved by the board as meeting the requirements of this section and the rules of the board shall be used for making a breath analysis for determining breath alcohol concentration. (2) (A) The Department of Health specifically may limit by its rules the types or models of testing devices that may be approved for use in Arkansas for the purposes set forth in this section. (B) The approved types or models shall be specified by manufacturer's name and model.

Legislative History

Amended by Act 2019, No. 315,§ 174, eff. 7/24/2019. Acts 1993, No. 824, § 7; 2001, No. 561, §§ 23, 24.