§ 13:51-3.6 Approved methods of operation for the testing of a person’s breath by chemical analysis utilizing an approved instrument
(a) Breathalyzer, Model 900 and Breathalyzer, Model 900A:
1. The Breathalyzer, Model 900 and the Breathalyzer, Model 900A, both being approved instruments, have been demonstrated to contain functional and operational components that are the same or perform the same or similar operations or functions and operate utilizing the same principal or theory of chemical breath analysis and utilize the same chemical compounds interchangeably in the analysis process. The term “Breathalyzer” as utilized in this chapter shall mean both the Breathalyzer, Model 900 and the Breathalyzer, Model 900A.
i. Any operator or Breath Test Coordinator/Instructor whose certificate specifies Breathalyzer is deemed trained and certified on the Breathalyzer, Model 900 and Breathalyzer, Model 900A.
2. A Breathalyzer check list shall be used with this approved instrument. The sole purpose of a check list is to provide a record of the taking of breath samples of a person, consistent with the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b. The Breathalyzer check list is found in the text of the “Alcohol Influence Report Form” incorporated herein by reference as the chapter Appendix.
(b) Dominator Albreath:
1. The Dominator Albreath, being an approved instrument, has been determined to contain operational and functional components that are the same or perform the same or similar operations or functions as the Breathalyzer as described at (a)1 above. It is further determined that this instrument operates upon the same principal or theory as the Breathalyzer and utilizes the same chemical compounds in the analysis process as the Breathalyzer.
2. The check list applicable to the Breathalyzer, as found at (a)2 above, shall also apply to the operation of the Dominator Albreath. The Breathalyzer check list is found in the text of the “Alcohol Influence Report Form” in the chapter Appendix.
(c) Alcotest 7110 MKIII:
1. The Alcotest 7110 MKIII is equipped with an attached printer. The attached printer provides a printed record of the taking of the breath samples of a person and of the results of the chemical analyses of the samples of the breath taken in the form of an Alcohol Influence Report consistent with the provisions of N.J.S.A. 39:4-50.2(b), 39:3-10.24b or 12:7-55b.
2. A Breath Test Operator shall, consistent with his or her training, employ the following steps or procedures to set-up, operate and conclude the administration of breath tests on the Alcotest 7110 MKIII:
i. Verify the instrument power switch is in the “On” position, the display screen is illuminated, and the calibrating unit power switch is in the “On” position. If the instrument power switch is in the “Off” position, turn the power switch to the “On” position. If the calibrating unit power switch is in the “Off” position, turn the power switch to the “On” position;
ii. When the word “Ready” appears on the display screen, push the Start button to begin the test. If the word “Stand-by” appears on the display screen, then push the Start button and wait for the word “Ready” to appear. When the word “Ready” appears on the display screen, push the Start button to begin the test;
iii. Follow the instructions on the display screen.
HISTORY
HISTORY:
Amended by R.1985 d.441, effective September 3, 1985.
See: 17 New Jersey Register 1531(a), 17 New Jersey Register 2141(b).
Deleted (d).
Correction: (a)2i(3): added “open;".
See: 21 New Jersey Register 171(e).
Amended by R.1999 d.87, effective March 15, 1999.
See: 30 New Jersey Register 4321(a), 31 New Jersey Register 253(b), 31 New Jersey Register 770(b).
In (a), rewrote the introductory paragraph of 2; and rewrote (c).
Amended by R.2001 d.440, effective November 19, 2001.
See: 33 New Jersey Register 3243(a), 33 New Jersey Register 3902(b).
In (a) and (b), rewrote 2; rewrote (c).
CASE NOTES:
State Police Coordinator certifications satisfied the spot checking requirement for admission of breathalyzer readings; production of assay certificates was not required. State v. Maure, 240 N.J.Super. 269, 573 A.2d 186 (A.D.1990), appeal granted 122 N.J. 377, 585 A.2d 382, affirmed 123 N.J. 457, 588 A.2d 383.
Breathalyzers manufactured by purchaser of patent and manufacturing rights did not have to be recertified where prepurchase certification was of breathalyzer and not the manufacturer. State v. Laurick, 231 N.J.Super. 464, 555 A.2d 1133 (A.D.1989), certification granted 117 N.J. 52, 563 A.2d 819, reversed 120 N.J. 1, 575 A.2d 1340, certiorari denied 111 S.Ct. 429, 498 U.S. 967, 112 L.Ed.2d 413.
Testing of breathalyzer machine using a reference ampoule and testing ampoule was not sufficient random testing. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Right to challenge presumption that breathalyzer ampoules stamped with same batch number are filled from source with constant composition. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Right of trooper to opine that breathalyzer test results in coordinator‘s certificate were within manufacturer‘s printed tolerances. State v. Dohme, 229 N.J.Super. 49, 550 A.2d 1232 (A.D.1988).
Finding that modified version of breathalyzer came within Attorney General‘s approval of breathalyzer; drunken driving conviction upheld (also citing former N.J.A.C. 13:51-21). State v. Yerkes, 189 N.J.Super. 147, 458 A.2d 1345 (Law Div.1983).
Chapter Notes
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