As used in this part:

1. (1) “Alcohol” means ethyl alcohol except where reference is made to alcoholic skin antiseptics where it means any hydroxyl derivative of a hydrocarbon;

2. (2)

   1. (A) “Alcohol analyses” or “chemical tests” or “breath testing” or “method of analysis” or “test” means the total of all manipulations required to achieve a result which shows the alcohol concentration of an individual's blood or breath.
   2. (B) Urine or other bodily substances may be used for determining the concentration of alcohol in the blood;
3. (3) “Alveolar air” means air in the smallest air sacs of the lungs, which is in equilibrium, with respect to alcohol, with the immediately adjacent pulmonary arterial blood;

4. (4)

   1. (A) “Ampoule” means a bulbous glass vessel hermetically sealed and containing a liquid.
   2. (B) Ampoules contain the stock solution for certified breath simulator standards, except when a premixed solution is used;
5. (5) “Approved” means recognized, endorsed, authorized, sanctioned, or provided by the Office of Alcohol Testing of the Department of Health;
6. (6) “Blood” means whole blood which consists of the cellular components and the serum or plasma of blood, preferably peripheral venous blood;

7. (7)

   1. (A) “Blood Alcohol Concentration” means the percentage of alcohol in the blood, percent weight per volume (% w/v), that is, grams of alcohol per one hundred milliliters (100 ml) of blood expressed as a percent.
   2. (B) May also be shown as % BA or % BAC;
8. (8) “Breath” means that portion of exhaled air that is considered to be substantially alveolar unless otherwise specified;

9. (9)

   1. (A) “Breath Alcohol Concentration” means the amount of alcohol in the breath, that is, grams of alcohol per two hundred ten liters (210 L) of breath.
   2. (B) May be shown or expressed as grams per two hundred ten liter (g/210L);
10. (10) “Breath simulator” means the same as “simulator” defined in subdivision (31) of this section;
11. (11) “Breath-testing instrument” means the same as “testing device” defined in subdivision (36) of this section;

12. (12) “Calibration device” means the same as:

    1. (A) “Simulator standard solution”; or
    2. (B) “Dry-gas cylinder”;
13. (13) “Calibration test” means 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;

14. (14)

    1. (A) “Certificate” means a document issued by the Office of Alcohol Testing 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 this part and Office of Alcohol Testing procedures.
    2. (B) Certificates are not issued for calibration devices;
15. (15) “Dry-gas cylinder” means a cylinder containing a known concentration of ethyl alcohol mixed with nitrogen gas used to calibrate and check the calibration of a testing device;

16. (16) “Employ” means:

    1. (A) To pay the salary of, as authorized by that:

       1. (i) Organization;
       2. (ii) Agency;
       3. (iii) Institution; or
       4. (iv) Political subdivision; and
    2. (B) In a position to hold the employed individual responsible for the specified performance of duties;
17. (17) “Individual” means any human being;
18. (18) “Installation” means 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 Acts 1995, No. 518, as amended;
19. (19) “Instrument” means the same as “testing device” defined in this section;
20. (20) “Law enforcement agency” means 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;
21. (21) “Office” means the Office of Alcohol Testing;
22. (22) “Operator” means 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 the Office of Alcohol Testing procedures and this part;
23. (23) “Other bodily substances” means any bodily substance other than blood, breath, or urine which can be used to determine alcohol content of the blood;
24. (24) “Refrigerate” or “refrigerated” means to make or keep cold or cool;
25. (25) “Rules” means all sections of Arkansas Rules for Alcohol Testing, unless otherwise specified;

26. (26) “Revocation” means:

    1. (A) An act of calling back or rescinding; or
    2. (B) Discontinuation;
27. (27) “Sample” means blood, breath, urine, or other bodily substances as specified to be analyzed for alcohol content;
28. (28) “Sampling device” means any instrument or mechanism used to capture or collect a sample (see “testing device”);

29. (29) “Senior operator” means an individual who has met the requirements to:

    1. (A) Test subjects on a specified type of breath-testing instrument or instruments; and
    2. (B) Perform other required tasks related to alcohol testing in accordance with the Office of Alcohol Testing procedures and this part;

30. (30) “Simulator” means:

    1. (A) A device that enables the operator to reproduce, under test conditions, phenomena likely to occur in actual performance;
    2. (B) A device used to simulate or imitate a breath sample at a specific alcohol concentration; or
    3. (C) An accessory to a testing device;
31. (31) “Simulator standard solution” means a solution that may be prepared from an ampoule of stock solution or purchased in a premixed form, which when used in a simulator, produces a vapor sample that simulates a breath sample of a specified alcohol concentration;

32. (32) “Standard” means anything set up and established by authority as a rule for the measure of:

    1. (A) Quantity;
    2. (B) Weight; or
    3. (C) Value;

33. (33) “Standard of accuracy” means a standard for the performance of alcohol analyses as specified in this part, that standard being:

    1. (A) Plus or minus one hundredth of one percent weight per volume (+/– 0.01% w/v) for blood analyses; and
    2. (B) Plus or minus one hundredth of one gram per two hundred ten liters (+/– 0.01g/210L) for breath analyses;
34. (34) “Subject” means any individual;
35. (35) “Suspension” means an act to make temporarily inoperative; and

36. (36)

    1. (A)

       1. (i) “Testing device” means any instrument or mechanism used in determining or estimating the alcohol content of breath, blood, urine, or other bodily substance pursuant to this part (see 5 CAR § 20-501 et seq.).
       2. (ii) A testing device may include a sampling device;

    2. (B) Testing devices are categorized as follows:

       1. (i)

          1. (a) (a) Type A - evidentiary device.
          2. (b)
37. (1) (b)(1) A1 - An evidentiary device which is designed to collect and analyze a sample within the limits of accuracy prescribed in 5 CAR § 20-501(c).

38. (2) (2) All certification requirements apply to type A1 devices except when used by a facility which qualifies under 5 CAR § 20-202.

    1. (c)
39. (1) (c)(1) A2 - An evidentiary device which is used in a mobile unit which collects and analyzes a sample within the limits of accuracy prescribed in 5 CAR § 20-501(c).

40. (2) (2) All certification requirements apply to type A2 devices as well as any additional requirements the Office of Alcohol Testing may find necessary to ensure compliance with the intent of the applicable Arkansas Code and this part;

    1. (ii)

       1. (a) (a) Type B - nonevidentiary device.

          1. (b) (b) A device which by design is for screening only and the accuracy thereof is not required to be within plus or minus one hundredth (+/– 0.01) of actual value, or any device which is, by application, a screening device only.
       2. (c) (c) Both the device and the operating personnel are excluded from certification requirements.
       3. (d) (d) 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; and

       4. (iii)

          1. (a) (a) Type C – other laboratory instruments.
          2. (b) (b) Devices or instruments which may be used in a facility which qualifies for exclusion (see 5 CAR § 20-202).
       5. (c) (c) That exclusion extends to the equipment and the operating personnel.