iii
ARKANSAS RULES
FOR
ALCOHOL TESTING
Sixth Revision
ARKANSAS DEPARTMENT OF HEALTH
OFFICE OF ALCOHOL TESTING
201 S. MONROE
LITTLE ROCK, ARKANSAS 72205
BOX 8509
LITTLE ROCK, ARKANSAS 72215-8509
Effective June 17, 2022
ARKANSAS RULES FOR ALCOHOL TESTING
4
Table of Contents
AUTHORITY .............................................................................................................. 1
ADDENDUMS ............................................................................................................ 1
DEFINITIONS ............................................................................................................ 2
I. CERTIFICATION .................................................................................................... 5
PART A. GENERAL ............................................................................................... 5
1.10 Requirement for Certification. ................................................................. 5
1.11 Certification Implications. ........................................................................ 5
1.12 Installation Certification. .......................................................................... 6
1.13 Senior Operator Certification. ................................................................. 6
1.14 Operator Certification.............................................................................. 7
1.15 Instrument Certification. .......................................................................... 7
PART B. EXCLUSIONS ......................................................................................... 8
1.20 Exclusions from Certification. ................................................................. 8
PART C. PROCEDURES FOR CERTIFICATION ................................................. 8
1.30 Initial Certification. .................................................................................. 8
1.31 Renewal of Certification. ......................................................................... 8
1.32 Report of Change or Discontinuance. ..................................................... 9
1.33 Transfer of Certification. ......................................................................... 9
1.34 Certification Records. ............................................................................. 9
PART D. INSPECTIONS AND ADDITIONAL REQUIREMENTS FOR
CERTIFICATION .................................................................................................... 9
1.40 Access to Premises. ............................................................................... 9
1.41 Tests and Evaluations. ........................................................................... 9
1.42 Responsibilities of Installations. .............................................................. 9
1.43 Suspension or Revocation. ................................................................... 10
1.44 Reinstatement of Certification. .............................................................. 10
II. TRAINING ........................................................................................................... 11
PART A. GENERAL ............................................................................................. 11
2.10 Approval of Training Course. ................................................................ 11
2.11 Changes in Training Requirements. ..................................................... 11
2.12 Senior Operators. ................................................................................. 11
2.13 Operators. ............................................................................................. 12
2.14 Special Training Courses. ..................................................................... 12
III. SAMPLE COLLECTION AND HANDLING ......................................................... 12
ARKANSAS RULES FOR ALCOHOL TESTING
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PART A. GENERAL ............................................................................................ 12
3.10 Sampling Requirements. ...................................................................... 12
3.11 Collection of Samples. .......................................................................... 12
3.12 How to Collect and Handle Samples. ................................................... 13
3.13 Who May Analyze Samples. ................................................................ 13
3.14 Samples to be Analyzed by the Office.................................................. 13
PART B. BLOOD SAMPLING ............................................................................. 13
3.20 Sample Collection. ............................................................................... 13
3.21 Postmortem Sample Collection. ........................................................... 13
3.22 Sample Size. ........................................................................................ 14
3.23 Sample Container................................................................................. 14
3.24 Sample Preservation. ........................................................................... 14
3.25 Sample Witness. .................................................................................. 14
PART C. URINE SAMPLING............................................................................... 15
3.30 Sample Collection. ............................................................................... 15
3.31 Sample Size. ........................................................................................ 15
3.32 Sample Container................................................................................. 15
3.33 Sample Preservation. ........................................................................... 15
3.34 Sample Witness. .................................................................................. 15
PART D. BREATH SAMPLING ........................................................................... 15
3.40 Sample Collection. ............................................................................... 15
3.41 Sample Size. ........................................................................................ 16
PART E. SAMPLING OF OTHER BODILY SUBSTANCES ................................ 16
3.50 Sample Collection. ............................................................................... 16
IV. METHODS OF ANALYSIS ................................................................................ 16
PART A. GENERAL ............................................................................................ 16
4.10 Methodology and Instrumentation Requirements. ................................ 16
4.11 Approval of Methods. ........................................................................... 16
4.12 Approval of Type A and C Testing Devices and Accessories. .............. 16
4.13 Modified Versions of Approved Instruments and Accessories. ............. 18
4.14 Approval of Ampoules, Dry-gas Cylinders, or Other Prepackaged
Chemical. .......................................................................................................... 18
4.15 Approval of Chemical Test Procedures. ............................................... 18
PART B. METHODS OF ALCOHOL ANALYSIS ................................................. 18
4.20 Approved Methods. .............................................................................. 18
PART C. TESTING DEVICES AND CALIBRATION DEVICES ........................... 19
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4.30 Approved Breath Testing Devices - Type A. ......................................... 19
4.31 Approved Calibration Devices. ............................................................. 19
PART D. EXPRESSION OF RESULTS ............................................................... 20
4.40 Blood Alcohol Concentration. ............................................................... 20
4.41 Urine Analysis. ...................................................................................... 20
4.42 Serum or Plasma Analysis. ................................................................... 20
4.43 Breath Alcohol Concentration. .............................................................. 20
PART E. CALIBRATION AND CALCULATION OF RESULTS ............................ 21
4.50 Procedures on Approved Instruments - Type A1 and Type A2. ............ 21
4.51 Instruments Subsequently Approved. ................................................... 21
V. RECORDS AND REPORTING ........................................................................... 21
PART A. GENERAL .............................................................................................. 21
5.10 Records and Reporting Requirements. ................................................ 21
5.11 Installation Records Required. .............................................................. 21
5.12 Installation Reporting to the Office. ....................................................... 22
SEVERABILITY ........................................................................................................ 22
REPEAL ................................................................................................................... 22
CERTIFICATION ...................................................................................................... 22
ARKANSAS RULES FOR ALCOHOL TESTING
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AUTHORITY
The following Rules for alcohol testing are duly adopted and promulgated by the
Arkansas Department of Health as approved by the Arkansas State Board of Health
pursuant to the authority expressly conferred by the laws of the State of Arkansas, Act
106 of 1969 as amended and Act 346 of 1957 as amended, the same being Arkansas
Code, Title 5, Chapter 65, and Act 518 of 1995 as amended.
ADDENDUMS
Revisions necessary after the printing of these Rules may be attached inside the front
cover. They will bear the signature of the Secretary of the Arkansas State Board of
Health.
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DEFINITIONS
Alcohol - ethyl alcohol except where reference is made to alcoholic skin antiseptics where
it means any hydroxyl derivative of a hydrocarbon.
Alcohol Analyses or Chemical Tests - (also, Breath Testing, Method of Analysis, Test) the
total of all manipulations required to achieve a result which shows the alcohol
concentration of an individual's blood or breath. Urine or other bodily substances
may be used for determining the concentration of alcohol in the blood.
Alveolar Air (Deep Lung Air) - air in the smallest air sacs of the lungs; the air which is in
equilibrium, with respect to alcohol, with the immediately adjacent pulmonary
arterial blood.
Ampoule - a bulbous glass vessel hermetically sealed and containing a liquid. Ampoules
contain the stock solution for certified breath simulator standards, except when a
premixed solution is used.
Approved - recognized, endorsed, authorized, sanctioned, or provided by the Office.
Blood - whole blood which consists of the cellular components and the serum or plasma
of blood, preferably peripheral venous blood.
Blood Alcohol Concentration - the percentage of alcohol in the blood. % w/v (percent
weight per volume), that is, grams of alcohol per 100 milliliters of blood expressed
as a percent. May also be shown as % BA or % BAC.
Breath - that portion of exhaled air that is considered to be substantially alveolar (deep
lung) unless otherwise specified.
Breath Alcohol Concentration - the amount of alcohol in the breath, that is, grams of alcohol
per 210 liters of breath. May be shown or expressed as g/210L.
Breath Simulator - see Simulator.
Breath-Testing Instrument - see Testing Device.
Calibration Device - see Simulator or Dry-gas Cylinder.
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Calibration Test - a test, using a simulator, dry-gas cylinder, or other calibration device
containing a known concentration of ethyl alcohol to check or verify the accuracy of
an alcohol-testing instrument.
Certificate - a document issued by the Office certifying that an installation, individual, or
instrument has met the requirements and may be used in the determination of
alcohol content, subject to the restrictions and requirements contained in these
Rules and Office procedures. Certificates are not issued for calibration devices.
Office - the Office of Alcohol Testing.
Dry-gas Cylinder - a cylinder containing a known concentration of ethyl alcohol mixed with
nitrogen gas used to calibrate and check the calibration of a testing device.
Employ - paying the salary of, as authorized by that organization, agency, institution, or
political subdivision and in a position to hold the employed individual responsible
for the specified performance of duties.
Individual - any human being.
Installation - any agency, partnership, association, public or private institution, or political
subdivision that analyzes breath or other bodily substances for alcohol content for
the purpose of supporting or defending legal actions which may arise out of
Arkansas Code, Title 5, Chapter 65 as amended, or Act 518 of 1995 as amended.
Instrument - see Testing Device.
Law-Enforcement Agency - any police force or organization of a city, county, or this state
or other government agency within this state whose primary duty as prescribed by
law or ordinance is enforcing the criminal, traffic, or highway laws of this state.
Operator - an individual who has met the requirements to test subjects on a specified type
of breath-testing instrument or instruments and to perform related tasks in
accordance with Office procedures and these Rules.
Other Bodily Substances - any bodily substance other than blood, breath, or urine which
can be used to determine alcohol content of the blood.
Refrigerate(d) - to make or keep cold or cool.
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Revocation - an act of calling back or rescinding or discontinuation.
Rules (these) - all sections of Arkansas Rules for Alcohol Testing, unless otherwise
specified.
Sample - blood, breath, urine, or other bodily substances as specified to be analyzed for
alcohol content.
Sampling Device - any instrument or mechanism used to capture or collect a sample (see
Testing Device).
Senior Operator - an individual who has met the requirements to test subjects on a
specified type of breath-testing instrument or instruments and to perform other
required tasks related to alcohol testing in accordance with Office procedures and
these Rules.
Simulator - a device that enables the operator to reproduce, under test conditions,
phenomena likely to occur in actual performance; a device used to simulate or
imitate a breath sample at a specific alcohol concentration; an accessory to a
testing device.
Simulator Standard Solution - a solution that may be prepared from an ampoule of stock
solution or purchased in a premixed form, when used in a simulator, produces a
vapor sample that simulates a breath sample of a specified alcohol concentration.
Standard - anything set up and established by authority as a rule for the measure of
quantity, weight, or value.
Standard of Accuracy - a standard for the performance of alcohol analyses as specified in
these Rules; that standard being 0.01% w/v for blood analyses and 0.01g/210L
for breath analyses.
Subject - any individual.
Suspension - an act to make temporarily inoperative.
Testing Device - any instrument or mechanism used in determining or estimating the
alcohol content of breath, blood, urine, or other bodily substance pursuant to these
Rules (see Section IV). A testing device may include a sampling device. Testing
devices are categorized as follows:
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Type A - Evidentiary Device
A1 - An evidentiary device which is designed to collect and analyze a sample
within the limits of accuracy prescribed in 4.12. All certification
requirements apply to Type A1 devices except when used by a facility
which qualifies under 1.20.
A2 - An evidentiary device which is used in a mobile unit which collects and
analyses a sample within the limits of accuracy prescribed in 4.12. All
certification requirements apply to Type A2 devices as well as any
additional requirements the Office may find necessary to assure
compliance with the intent of the applicable Arkansas Code and these
Rules.
Type B - Non-evidentiary Device - a device which by design is for screening only
and the accuracy thereof is not required to be within 0.01 of actual value,
or any device which is, by application, a screening device only. Both the
device and the operating personnel are excluded from certification
requirements. Test results obtained on a Type B device are not to be used
as evidence in a court of law for the purpose of establishing that the subject
was under the influence of alcohol but may be used to establish probable
cause for further testing on a Type A or Type C device.
Type C - Other Laboratory Instruments - devices or instruments which may be used
in a facility which qualifies for exclusion (1.20). That exclusion extends to
the equipment and the operating personnel.
I. CERTIFICATION
PART A. GENERAL
1.10 Requirement for Certification.
Every individual, installation, or instrument not exempted or excluded by these
Rules and involved in performing alcohol analysis in accordance with these Rules
is to have a valid certificate as prescribed herein. For exemptions and exclusions,
see Section I, Part B.
1.11 Certification Implications.
Certification shall not imply approval of anything carried out by an installation or
individual other than what is specified on the certificate. Certification of an individual
to operate a particular approved testing device authorizes that individual to perform
tests on any unit of that type if the owner of the unit has no objection.
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1.12 Installation Certification.
To qualify for certification, an installation must meet the set of conditions in a. or b.
of this section.
a. Local Installation.
(1) Employ at least one Senior Operator for each different model of instrument
to be certified. However, one person may serve as Senior Operator on
more than one instrument at any one installation.
(2) Own, lease or otherwise be in control of an approved alcohol-testing device
and the required related accessories.
(3) Pass on-site inspections by the Office (Part D of this Section).
(4) Show the ability and willingness to meet the requirements set forth in these
Rules.
b. State Level Installation.
(1) Be a state level or other major subdivision of government that has an
inadequate number of facilities, or no facilities of its own, appropriate for the
installation of breath testing equipment.
(2) Have access to many certified instruments at various agencies.
(3) Have an established internal line of communication and records control
which distributes the Office issued documents and other communications to
all certified employees of that agency in a timely and accurate manner.
(4) Local installations within the organizational structure of a state level
installation must comply with 1.12a.
1.13 Senior Operator Certification.
To qualify as a Senior Operator of a specific testing device and maintain that
certification, an individual must meet the following requirements:
a. Successfully complete training approved by the Office as described in 2.12 on
the operation of the testing device to be used.
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b. Apply through the appropriate agency for certification to the Office. When the
individual changes places of employment, a new application must be submitted
through the new agency.
c. Be able to exhibit, through examination and demonstration to the Office,
sufficient skill in the operation of the testing device and related accessories
used.
d. Demonstrate the ability and willingness to adhere to the provisions of these
Rules which may include running a reasonable number of tests on the testing
device.
e. Successfully complete any additional training or evaluation as required by the
Office.
1.14 Operator Certification.
To qualify as an Operator of a specific testing device and maintain that certification,
an individual must meet the following requirements:
a. Successfully complete the training approved by the Office as described in 2.13.
b. Apply through the appropriate agency for certification to the Office. When the
individual changes places of employment, a new application must be submitted
through the new agency.
c. Be evaluated by the Office as required and demonstrate sufficient skills in the
operation of the testing device used.
d. Demonstrate the ability and willingness to adhere to the provisions of these
Rules which may include running a reasonable number of tests on the testing
device.
e. Successfully complete any additional training or evaluation as required by the
Office.
1.15 Instrument Certification.
Each Type A1 and A2 testing device is to be tested by the Office for the purpose of
certifying its accuracy.
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Any test on such device for which a valid, current certificate cannot be produced
will be considered invalid. Certificates are subject to recall by the Office since they
are issued for a period of three (3) months in advance.
PART B. EXCLUSIONS
1.20 Exclusions from Certification.
a. It is not required that the Office be certified. The Office shall not be limited by
these Rules.
b. It is not required that the state medical examiner, his staff, or the State Crime
Laboratory be certified, nor shall they be limited by these Rules.
c. It is not required that Type B testing devices or the operators thereof be
certified.
d. It is not required that accessories to testing devices be certified.
PART C. PROCEDURES FOR CERTIFICATION
1.30 Initial Certification.
Any individual or installation not currently certified by the Office and requiring
certification may apply for certification at any time by contacting the Office for
application forms.
1.31 Renewal of Certification.
a. Installations. An Installation Certificate is valid when the conditions stated on
the face of the Certificate are met. Therefore, an expiration date is not required
on the Installation Certificate, nor is it necessary to reissue an Installation
Certificate except when the identity changes or to replace one destroyed or
lost.
b. Senior Operators and Operators. Every individual certified in accordance with
these Rules shall renew such certification with the Office every two (2) years
and at such other times as the Office deems necessary. The validity of such
certificates may be verified by contacting the Office.
c. Instruments. Instrument certificates will be renewed quarterly unless otherwise
defined by Arkansas law. Certification is to be based upon accuracy in the
continued analysis of proficiency test samples and upon compliance with
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related policies and procedures specified by the Office. For details of
procedures, contact the Office.
1.32 Report of Change or Discontinuance.
The certified installation shall report within thirty (30) days any change of address
or discontinuance of an installation, change of employment, or loss of certified
personnel.
1.33 Transfer of Certification.
Procedures for transferring certification are detailed in 1.44. Additional information
may be obtained by contacting the Office.
1.34 Certification Records.
Certificates shall become part of the records available to the courts for legal
proceedings, open to public inspection, and reclaimable by the Office.
PART D. INSPECTIONS AND ADDITIONAL REQUIREMENTS FOR CERTIFICATION
1.40 Access to Premises.
The Office or its authorized representative shall have, for reasonable cause, the
authority to enter, at all reasonable times, upon any private or public property for
the purpose of determining whether there is compliance with the provisions of these
Rules, except that entry into areas under the jurisdiction of the federal government
shall be affected only with the concurrence of the federal government or its
authorized representative.
1.41 Tests and Evaluations.
Each applicant for certification or certified individual shall perform such reasonable
tests as the Office deems necessary in administration of these Rules; these may
include, but are not limited to, tests to evaluate the following:
a. Instruments and related devices used in accordance with these Rules.
b. Facilities where testing devices are used.
c. Personnel training levels and competence.
1.42 Responsibilities of Installations.
Installations certified under 1.12a. shall assign a Senior Operator to be responsible
for record keeping and ensuring that the installation adheres to these Rules as
determined by the Office.
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Installations certified under 1.12b shall provide a contact person at the state level
for receiving and distributing Office documents and communications and forwarding
or distributing them appropriately. This person shall maintain accurate records of
personnel of that agency certified by the Office and shall communicate with the
Office as necessary concerning them.
1.43 Suspension or Revocation.
The Office may at its discretion revoke, suspend, or modify the certificate of any
individual, instrument, or installation if any one or more of the following conditions
exist.
a. Certification was obtained falsely or deceitfully.
b. Conditions are revealed through any report, record or other means which would
cause the Office to refuse certification on an original application.
c. There is found to be violation of or failure to observe any of the terms and
conditions of the certificate, or any applicable Rules and regulations, policies
and procedures, or order of the Office.
d. There is a failure to meet the standard of accuracy.
e. A request for termination of certification is submitted by the certificate holder to
the Office.
1.44 Reinstatement of Certification.
In the event a certified individual changes their place of employment, the individual's
certification is no longer valid until application for certification at the new place of
employment is received and approved by the Office.
In the event certification is revoked, it may be reinstated by the submission of a new
application and compliance with the original requirements for certification.
If an individual has not been certified by the Office for 1 (one) year, then they will
have to go back through the appropriate class to be recertified.
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II. TRAINING
PART A. GENERAL
2.10 Approval of Training Course.
In the event of major limitations in training course availability, special temporary
approvals of training programs may be issued by the Office provided the Office
maintains close oversight of the training and continues to provide the evaluations.
2.11 Changes in Training Requirements.
At the discretion of the Office, any phase or portion of the training program is subject
to alteration.
2.12 Senior Operators.
To qualify for certification as a Senior Operator of a Type A1 or A2 testing device,
an individual shall show evidence of successful completion of a course of instruction
which includes, at a minimum, the following:
a. Instruction on the effects of alcohol on the human body.
b. Instruction on the operational principles of the selected breath-testing
instrument which is to include:
(1) a functional description of the testing method, and
(2) a detailed operational description of the method with the appropriate
demonstrations
c. Instruction on the legal aspects of chemical tests and of the method to be
employed.
d. Instruction on supplemental information which is to include nomenclature
appropriate to the field of chemical tests for alcohol.
e. Laboratory participation using the appropriate equipment. Laboratory practice
will include the use of reference alcohol samples to run practice tests.
f. Instruction for properly conducting a breath test.
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g. Instruction on forms, records, and reporting.
h. A formal examination and performance evaluation for purposes of determining
competency and qualifications.
2.13 Operators.
To qualify for certification as an Operator of a Type A1 or A2 testing device, an
individual shall show evidence of successful completion of a course of instruction,
which includes, at a minimum, the following:
a. Instruction for properly conducting a breath test.
b. Instruction on the operation of the breath test instrument.
c. Instruction on supplemental information which is to include nomenclature
appropriate to the field of chemical tests for alcohol.
d. Instruction on forms, records, and reporting.
e. A formal examination and performance evaluation for purposes of determining
competency and qualifications.
2.14 Special Training Courses.
Should the need arise for approved training on special devices (Type B) such as
preliminary breath-test devices, the necessary training may be approved or
provided by the Office for purposes of establishing a standard operational
procedure in the use of such devices.
III. SAMPLE COLLECTION AND HANDLING
PART A. GENERAL
3.10 Sampling Requirements.
This section outlines the criteria for the collection of samples in accordance with
these Rules.
3.11 Collection of Samples.
Refer to current Ark. Code Ann. §§5-65-202 and 5-65-203. Samples shall be
collected as soon as feasible after an alleged offense.
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3.12 How to Collect and Handle Samples.
(See details under appropriate type of sample in this section.)
a. Careful sampling, preservation, and handling are fundamental to accuracy.
The identity and integrity of the sample shall be maintained from the time of
collection through analysis.
b. The Office form shall accompany each sample of blood, urine, or other bodily
fluid collected in accordance with these Rules. Copies of the report will then be
distributed as required and as provided by law once analysis is completed.
3.13 Who May Analyze Samples.
Samples of bodily fluid may be analyzed for alcohol content by the following:
a. Office of Alcohol Testing, Arkansas Department of Health.
b. Any agency excluded from certification (see Section I, Part B.).
3.14 Samples to be Analyzed by the Office.
Samples to be analyzed by the Office should be delivered or mailed to the
appropriate address.
PART B. BLOOD SAMPLING
3.20 Sample Collection.
Blood samples may be collected from living individuals only by persons authorized
by law and by means of a sterile, dry syringe and hypodermic needle or other sterile
equipment. The skin at the area of puncture shall be thoroughly cleansed and
disinfected with a nonvolatile antiseptic. Alcohol or other volatile organic
disinfectant solutions shall not be used as a skin antiseptic or to clean hypodermic
needles, syringes, or containers.
3.21 Postmortem Sample Collection.
Postmortem samples may be collected by anyone authorized by law. The following
precautions must be employed to insure a representative, uncontaminated sample.
a. Samples must be taken prior to the start of embalming procedures. Blood shall
not be obtained by forcing blood from vessels by use of embalming fluids.
b. Blood is to be withdrawn by syringe from peripheral vessels.
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c. If necessary, heart blood may be used. Great care must be exercised to
prevent dilution of the blood sample by fluids outside the heart (pleural or
pericardial). Heart blood should be used only if the heart is intact.
3.22 Sample Size.
A good sample is five milliliters (cc). Smaller samples may be analyzed if
necessary.
3.23 Sample Container.
The blood sample shall be deposited into a tightly stoppered, clean, dry container
containing a solid anticoagulant and sodium fluoride or an approved equal as a
preservative (see 3.24). Alcohol or other volatile organic solvents shall not be used
to clean the container. The container shall be clearly identified with the following:
a. Name of the subject.
b. Date, and time of collection.
c. Name or initials of person collecting and/or sealing sample.
3.24 Sample Preservation.
While not in transit or under examination, all blood samples shall be refrigerated. If
the sample is to be analyzed at the Office, sodium fluoride (between 2.0 and 3.0
milligrams per milliliter of blood) or its solid form equivalent shall be used as a
preservative, and sodium citrate or potassium oxalate or equivalent, in final
concentration of 0.3% to 0.5%, is recommended as an anticoagulant.
Postmortem blood samples to be analyzed by the Office shall be deposited into a
tightly stoppered, clean dry container containing sodium fluoride as a preservative,
in a concentration of 1% or more, (10.0 milligrams per milliliter of blood) or an
approved equal. A solid anticoagulant such as sodium citrate or potassium oxalate,
or equivalent, is also recommended.
3.25 Sample Witness.
The officer requesting the blood sample should observe the collection of the sample
so that he may attest to the authenticity of the sample. He should then initial or
mark the sample for future identification. The sample should then be secured in a
tamperproof manner.
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PART C. URINE SAMPLING
3.30 Sample Collection.
To collect a urine sample, the subject must first be instructed to void the bladder.
Approximately one-half hour later (time not critical), the subject should again be
requested to void the bladder and that specimen should be collected for analysis.
NOTE: Urine is not to be collected as a postmortem sample.
3.31 Sample Size.
Ten to thirty milliliters (cc) of urine shall be considered sufficient for analysis.
3.32 Sample Container.
When urine collection is necessary, the specimen shall be deposited into a clean,
dry, non-porous container and tightly capped or stoppered. Alcohol or other volatile
organic solvents shall not be used to clean the container. The container shall be
clearly identified with the following information.
a. Name of subject.
b. Date and time of first voiding and of the collection.
c. Name or initials of person witnessing collection and sealing the sample.
3.33 Sample Preservation.
While not in transit or under examination, urine samples shall be refrigerated. If
preservatives are used, a comment stating the type and amount should accompany
the sample.
3.34 Sample Witness.
The collection of the sample must be witnessed in order that its authenticity may be
proven. It is to be properly marked for future identification and secured in a
tamperproof manner.
PART D. BREATH SAMPLING
3.40 Sample Collection.
A breath sample to be analyzed at a certified installation shall be collected only by
certified personnel. The sample shall be collected only after the subject has been
under observation for an uninterrupted period of no less than 20 minutes
immediately prior to collection. The type of device and the procedures or
ARKANSAS RULES FOR ALCOHOL TESTING
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techniques shall be Office approved and only certified personnel may operate the
device.
3.41 Sample Size.
The quantity of breath shall be established by direct volumetric measurement or by
collection of a fixed breath volume at a constant temperature.
PART E. SAMPLING OF OTHER BODILY SUBSTANCES
3.50 Sample Collection.
Sampling of bodily substances other than blood, breath, or urine shall be
considered valid only in postmortem cases. All postmortem bodily materials shall
be obtained prior to the start of any embalming procedure and the sample must be
taken by or under the direction of the state medical examiner or a physician. The
sample is to be analyzed by any laboratory excluded from certification in 1.20. The
results of such analyses must be interpreted by qualified personnel with respect to
the alcohol content of the blood.
IV. METHODS OF ANALYSIS
PART A. GENERAL
4.10 Methodology and Instrumentation Requirements.
Analysis of blood, breath, urine, or other bodily substances to determine alcohol
content in accordance with these Rules shall be by a method approved by the Office
(see 4.11 and Part B of this Section). All breath-testing instruments and
accessories utilized in accordance with these Rules shall have the approval of the
Office (see 4.12 and Part C of this Section). The operation of approved breath-
testing instruments will be according to manufacturer's recommendations unless
otherwise approved in writing by the Office (see 4.15).
4.11 Approval of Methods.
Any method not listed in Part B of this Section will be considered for approval upon
receipt of a detailed description of the method.
4.12 Approval of Type A and C Testing Devices and Accessories.
a. If application is made by the manufacturer for approval of a Type A device not
on the approved list (4.30), the Office will examine and evaluate the device as
soon as practicable to determine if it meets the following criteria.
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(1) Breath specimens collected and presented for analysis shall be
essentially alveolar (deep lung) in composition.
(2) The device shall be capable of alcohol analysis which results in a
concentration less than 0.01g/210L breath on an alcohol-free sample. It
shall be capable of analyzing a suitable reference sample such as air
equilibrated with a solution of known alcohol content at a constant
temperature with accuracy of 0.01g/210L applied in accordance with the
Office current evaluation procedure.
(3) The specificity of the procedure shall be adequate and appropriate for the
analysis of breath specimens for the determination of alcohol concentration
in traffic law enforcement.
(4) The instrument shall be constructed and designed to be operated in a
manner appropriate to the environment in which it will be used.
(5) Any breath-testing device submitted to the Office for approval shall be
accompanied by an application form supplied by the Office and by all
accessories and supplies necessary for the evaluation of the device and a
detailed set of instructions which shall include information pertinent to
operation, calibration, maintenance, and interpretation of results.
b. If application is made by a manufacturer for approval of a calibration device not
on the approved list (4.31), the Office shall examine and evaluate the device to
determine its suitability, accuracy, and reliability.
c. The Office shall report the results of any evaluation to the manufacturer and
shall have rights of publication of the results.
d. The Office shall not accept for evaluation any instrument or accessory for
which the information, data, and documents submitted fail to support a
judgment by the Office that the instrument or accessory is in apparent
compliance with the requirements of these Rules when operated according to
the manufacturer's directions.
e. The Office may at any time reevaluate an approved device or accessory to
determine that compliance with the criteria in 4.12 is being maintained. Failure
to continue to meet the criteria may result in interdiction of usage of such
equipment, or suspension, or cancellation of approval. Upon formal request
from the manufacturer, further evaluation or investigation may be conducted
and the interdiction or suspension lifted. A cancellation of approval will require
an evaluation of the device or accessory.
ARKANSAS RULES FOR ALCOHOL TESTING
18
f. This Office may remove from the approved list any testing device for which
adequate maintenance and repair are no longer available, or for which the
manufacturer's specifications no longer comply with the original specification.
4.13 Modified Versions of Approved Instruments and Accessories.
The Office may authorize modified versions of approved instruments and
accessories when, in the judgment of the Office, the modifications do not alter the
abilities of such instruments or accessories to meet the standards of performance
set forth in 4.12 in as much as the modified versions are equivalent in performance
to the approved version.
4.14 Approval of Ampoules, Dry-gas Cylinders, or Other Prepackaged Chemical.
Any prepackaged chemical to be used in conjunction with an approved testing
device shall be approved by the Office. The Office shall examine and evaluate
each lot or batch. Additional quantities may be required at the Office discretion.
4.15 Approval of Chemical Test Procedures.
Approved test procedures are supplied by the Office on all approved instruments
and may be updated periodically. For a test to be considered valid under the
provisions of these Rules, the prescribed test procedure must be followed. The
approved method may be characterized via computer programming which is
provided and monitored by the Office.
PART B. METHODS OF ALCOHOL ANALYSIS
4.20 Approved Methods.
At the time of this printing, the methods listed in this Part are approved for the
determination of alcohol concentration in blood, urine, breath, or other bodily
substances in accordance with these Rules. Methods approved hereafter may be
obtained upon request from the Office. Only brief descriptions are printed here.
a. Gas Chromatography. This method consists of separating volatile components
of a sample by passing the sample through a column within the gas
chromatograph, then passing the components through a detector system. The
detector sends signals to a recording device which provides the results or
sufficient information for the analyst to compute the quantity of the component
of interest.
b. Infrared Absorption. This method consists of measuring the absorption of
infrared energy by molecules of alcohol in a sample.
c. Electrochemical Fuel Cell. This method consists of measuring the current
produced during the oxidation of alcohol in a sample.
ARKANSAS RULES FOR ALCOHOL TESTING
19
PART C. TESTING DEVICES AND CALIBRATION DEVICES
4.30 Approved Breath Testing Devices - Type A.
At the time of this writing, the instruments listed in this paragraph are approved for
the determination of alcohol in accordance with these Rules. Instruments approved
hereafter will be placed on an updated list available upon request from the Office.
Intoximeter: EC/IR II, EC/IR II (with IEM), and EC/IR II.t
Manufacturer – Intoximeters, Inc.
2081 Craig Road
St. Louis, MO 63146
4.31 Approved Calibration Devices.
The following devices are approved for the purpose of calibrating and for checking
the calibration of the approved breath-testing instruments. Calibration devices
approved hereafter will be placed on an updated list available on request from the
Office.
a. Guth Simulator Models: 34C, 10-4D, 2100, and 12V500
Manufacturer - Guth Laboratories
590 N. 67th Street
Harrisburg, PA 17111
b. RepCo Simulator Model 3402C
Manufacturer – RepCo Marketing, Inc.
3101-188 Stonybrook Drive
Raleigh, NC 27604
c. Ethanol Breath Standard, Dry-gas Cylinder
Manufacturers – Intoximeters, Inc.
2081 Craig Road
St. Louis, MO 63146
Airgas Mid America Laboratory
3500 Bernard Street
St. Louis, MO 63103
ARKANSAS RULES FOR ALCOHOL TESTING
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PART D. EXPRESSION OF RESULTS
4.40 Blood Alcohol Concentration.
The results of an analysis of blood, urine, or other bodily fluid shall be expressed in
terms of percent weight/volume (% w/v) defined as grams of alcohol per 100
milliliters of blood and reported to the second decimal place only. For example,
0.239% w/v shall be reported as 0.23% w/v. Test results are not to be rounded off;
the third decimal place is to be dropped. Percent weight/volume is obtained by
dividing the weight of alcohol in a sample expressed in grams by the volume of the
sample expressed in milliliters and multiplying by 100. This result represents the
concentration of alcohol in the blood (% BA, % BAC, % w/v).
4.41 Urine Analysis.
For these Rules, the alcohol in a urine sample shall be treated as equivalent to 1.3
times the concentration in whole blood. Given a urine test result of 0.15% w/v:
1.3x = 0.15% where x = % blood alcohol
x = 0.15%
1.3
x = 0.115% (report as 0.11% blood alcohol)
4.42 Serum or Plasma Analysis.
For these Rules, the alcohol in a serum or plasma sample shall be treated as 1.15
times the concentration in whole blood.
Given a serum or plasma test result of 0.12% w/v:
1.15x = 0.12% where x = % blood alcohol
x = 0.12%
1.15
x = 0.104% (report as 0.10% blood alcohol)
4.43 Breath Alcohol Concentration.
Breath test results are to be reported as grams of alcohol per 210 liters of breath.
Breath test instruments approved and certified for use by the Office report results
in these units.
ARKANSAS RULES FOR ALCOHOL TESTING
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PART E. CALIBRATION AND CALCULATION OF RESULTS
4.50 Procedures on Approved Instruments - Type A1 and Type A2.
A calibration test shall be performed to determine if an instrument produces results
within the standard of accuracy (.01).
Intoximeter EC/IR II. A calibration test is automatically performed with each subject
test and is recorded by the instrument as part of the test record. There is no
requirement to record this calibration test in the logbook.
4.51 Instruments Subsequently Approved.
Instruments which may be subsequently approved are to be calibrated in a manner
approved by the Office as appropriate to the instrument and to meet the standard
of accuracy of 0.01% w/v for blood or 0.01g/210L for breath.
V. RECORDS AND REPORTING
PART A. GENERAL
5.10 Records and Reporting Requirements.
Records which reflect the facts pertinent to all tests performed on the certified
equipment shall be kept and maintained by each installation certified under 1.12a.
The records shall be open to inspection by the Office and shall be periodically
submitted to the Office as outlined in this section. Records are to be kept for a
period of two (2) years or until all possibility of court action is past, whichever is
longer.
Installations certified under 1.12b. are not required to maintain records of tests or
records related to equipment used in testing.
5.11 Installation Records Required.
The following records (as applicable) are to be kept by a certified installation:
a. Records of certification of the instrument, the installation, and persons using
the instrument. Persons using the instrument who are certified through a State
Level installation, as defined in Section 1.12b., are required to have their
original certificate on file at the State Level installation’s headquarters.
b. Records of tests performed on each instrument shall be kept in chronological
order in a logbook, and individual test records, as produced by the instrument
shall be kept in a retrievable manner.
ARKANSAS RULES FOR ALCOHOL TESTING
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c. Records reflecting training levels of certified personnel.
5.12 Installation Reporting to the Office.
Records of tests performed on a certified breath testing instrument shall be made
accessible as required by the Office. All other paperwork shall be submitted as
required by the Office.
SEVERABILITY
If any provision of these Rules or the application thereof to any person or circumstances
is held invalid, such invalidity shall not affect other provisions or applications of the Rules
which can be given effect without the invalid provision or application and to this end the
provisions of these Rules are declared to be severable.
REPEAL
All Rules and parts of Rules in conflict herewith are hereby repealed.
CERTIFICATION
This will certify that the Rules for Alcohol Testing were adopted by the State Board of
Health of Arkansas at a regular session of said Board held at Little Rock, Arkansas, on
the 28
th
Day of October, 2021.
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