007.19.2. Definitions
AR ADC 007.19.2 DefinitionsArkansas Administrative CodeEffective: June 17, 2022
Effective: June 17, 2022
Ark. Admin. Code 007.19.2 Definitions
Formerly cited as AR ADC 007.25.1-1
007.19.2. 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.
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.
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:
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.
Credits
Adopted June 17, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.19.2 Definitions, AR ADC 007.19.2 Definitions
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