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 1286.200 EQUIPMENT APPROVAL AND ACCURACY


 

Section 1286.200  Equipment Approval and Accuracy

 

The procedures contained in this Subpart are the only procedures for establishing the accuracy of breath testing instruments.  A rebuttable presumption exists that an instrument was accurate at the particular time a subject test was performed when the following four conditions are met.

 

a)         The instrument was approved under this Subpart at the time of the subject test.

 

b)         The performance of the instrument was within the accuracy tolerance described in this Subpart according to the last accuracy check prior to the subject test.

 

c)         No accuracy check has been performed subsequent to the subject test or the next accuracy check after the subject test was within the accuracy tolerance described in this Subpart.

 

d)         Accuracy checks have been done in a timely manner, meaning not more than 62 days have passed since the last accuracy check prior to the subject test.

 

(Source:  Amended at 33 Ill. Reg. 8529, effective June 4, 2009)