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)         RBT IV, in conjunction with a printer, manufactured by Intoximeters, Inc., may be used until August 1, 2022, at which time the Intoximeters RBT IV will no longer be approved for use in Illinois.

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

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

4)         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 it is removed from this Part.

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 46 Ill. Reg. 14363, effective July 28, 2022)