As used in this part:

1. (1)

   1. (A) “Alcohol set point” or “fail point” means the line of demarcation between “pass” and “fail” of a breath test.
   2. (B) See “calibration setting”;

2. (2)

   1. (A) “Approval” means the official endorsement of the Department of Health or its authorized representative documenting that the requirements of Arkansas Code § 5-65-118 as amended and this part have been met.
   2. (B) See “certification”;
3. (3) “Breath alcohol ignition interlock device (BAIID)” means an electronic device with microcomputer logic and internal memory, having a breath alcohol analyzer as a major component, that interconnects with the ignition and/or other control systems of a motor vehicle for the purpose of preventing that motor vehicle from being started if the driver has a breath alcohol content which exceeds the preset limit (set point);
4. (4) “Breath alcohol concentration (BrAC)” means the amount of alcohol in a given amount of breath expressed in grams of alcohol per two hundred ten liters (210L) of breath;
5. (5) “Breath sample” means normal expired human breath primarily containing air from the deep lung;
6. (6) “Calibration” means the act of checking, verifying, or rectifying the accuracy of a device;

7. (7)

   1. (A) “Calibration setting” as described in Arkansas Code § 5-65-118, means in this part the "alcohol set point".
   2. (B) The alcohol set point shall be twenty-five thousandths grams (0.025g) of alcohol per two hundred ten liters (210L) of breath unless specified otherwise in writing by the Office of Driver Services.
   3. (C) Acts 1993, No. 298 authorizes the court to establish "a specific calibration setting" in the range of two one hundredths (.02) through five one hundredths (.05);

8. (8)

   1. (A) “Certification” means the official endorsement (certificate of approval) of the Department of Health or its authorized representative documenting that the requirements of Arkansas Code § 5-65-118 as amended and this part have been met.
   2. (B) See “approval”;

9. (9) “Circumvention” means an overt, conscious attempt to bypass the ignition interlock device, whether by:

   1. (A) Providing samples other than the natural unfiltered breath of the driver;
   2. (B) Starting the vehicle without using the ignition switch; or

   3. (C) Any other act:

      1. (i) Intended to start the vehicle without first passing a breath test; and/or
      2. (ii) Permitting a driver with a BrAC in excess of the alcohol set point to start the vehicle;
10. (10) “Department” means the Office of Alcohol Testing of the Department of Health;
11. (11) “Device” means the BAIID;
12. (12) “Director” means the Director of the Department of Health or designee thereof;
13. (13) “Driver” means a motorist who is required, either by the Office of Driver Services or by court order, to operate only motor vehicles equipped with a functioning and approved BAIID;
14. (14) “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;

15. (15)

    1. (A) “Fail-safe” means a condition in which the interlock device cannot operate properly due to some problem (e.g., improper voltage, temperature exceeding operating range, dead sensor, etc.).
    2. (B) In a fail-safe condition the BAIID will not allow the vehicle to be started;

16. (16)

    1. (A) “Lockout” means a condition in which the vehicle will be completely disabled, after being given a visible and/or audible warning for a period of twenty-four (24) hours of impending lockout.
    2. (B) The device will automatically disable the vehicle at a point in time when it is not in operation;
17. (17) “Office” means the Office of Driver Services;
18. (18) “Rules” means all sections of Arkansas Rules for Breath Alcohol Ignition Interlock Devices unless otherwise specified;

19. (19)

    1. (A) “Restart” means the allowance of the device for the driver to start the vehicle without having to give a breath sample.
    2. (B) This allows for a driver to restart the vehicle within two (2) minutes and not be penalized for or endangered by a malfunctioning vehicle;
20. (20) “Rolling retest” means a subsequent breath test that must be conducted after initial start while the motor vehicle is in operation;
21. (21) “Service provider” means an approved vendor, service center, distributor, installer, or supplier of a device;

22. (22)

    1. (A) “Simulator device” means:
    2. (B) A device that enables the operator to reproduce, under test conditions, phenomena likely to occur in actual performance;
    3. (C) A device used to simulate or imitate a breath sample at a specific alcohol concentration; or
    4. (D) An accessory to a testing device;
23. (23) “Standard reference” means a material, such as water, containing alcohol that is established by authority as the rule for measuring quantity or value; and

24. (24) “Tampering” means an overt, conscious attempt to:

    1. (A) Physically disable or otherwise disconnect the BAIID from its power source; and
    2. (B) Thereby allow a person with a breath alcohol above the alcohol set point to start the engine.