TITLE 20: CORRECTIONS, CRIMINAL JUSTICE, AND LAW ENFORCEMENT
CHAPTER II: DEPARTMENT OF STATE POLICE
PART 1286 TESTING OF BREATH, BLOOD AND URINE FOR ALCOHOL, OTHER DRUGS, AND INTOXICATING COMPOUNDS
SECTION 1286.210 EVIDENTIARY INSTRUMENT APPROVAL


 

Section 1286.210  Evidentiary Instrument Approval

 

Approved evidentiary instruments shall print and display a breath analysis reading.  Approved evidentiary instruments can print and display two or three digits to the right of the decimal point.  Whether the approved evidentiary instrument prints and displays two or three digits to the right of the decimal point, the breath analysis reading consists of the first two digits to the right of the decimal point.

 

a)         The Department shall only approve evidentiary instruments enumerated in NHTSA's list.  The Department approves the following instruments for obtaining breath analysis readings:

 

1)         Intoximeters EC/IR, manufactured by Intoximeters, Inc., may be used until January 1, 2019, at which time the Intoximeters EC/IR will no longer be approved for use in Illinois.

 

2)         RBT IV, in conjunction with a printer, manufactured by Intoximeters, Inc.

 

3)         Intoximeters EC/IR II, manufactured by Intoximeters, Inc.

 

4)         Intoxilyzer 8000, manufactured by CMI, Inc., may be used until January 1, 2019, at which time the Intoxilyzer 8000 will no longer be approved for use in Illinois.

 

5)         Intoximeters EC/IR II, with serial numbers 10001 and above, manufactured by Intoximeters, Inc.

 

6)         Alco-Sensor VXL, in conjunction with a printer, manufactured by Intoximeters, Inc.

 

b)         Should an instrument in subsection (a) be removed from NHTSA's list, the instrument will remain an approved evidentiary instrument under this Part for a period of 18 months subsequent to removal or until this Section is amended.

 

c)         The Department may temporarily approve additional evidential instrumentation from NHTSA's list after conducting a program suitability evaluation.  The Department shall maintain a list of evidentiary instruments temporarily approved for breath testing in addition to those provided in subsection (a).  Evidentiary instruments may be temporarily approved for a maximum period of 18 months.  The list of temporarily approved evidentiary instruments, if any, shall be available to the public upon request to the Alcohol and Substance Testing Section.

 

(Source:  Amended at 43 Ill. Reg. 4640, effective April 5, 2019)