(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 and regulations 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 regulations 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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.