- A. “Adequate operational environment” - An area that has limited exposure to volatile organic compounds, has access restricted to authorized personnel and has been evaluated for radio frequency interference.
- B. “Alcohol” - A hydrocarbon molecule that contains a hydroxyl group (oxygen, hydrogen) as its primary functional group.
- C. “Blood” - Whole blood which contains the cellular components and the serum or plasma of blood or hemolyzed blood.
- D. “Blood alcohol concentration (BAC)” - The concentration of alcohol in blood; the unit of measurement of alcohol in blood is the number of grams of alcohol per 100 milliliters of blood.
- E. “Breath” - That portion of exhaled lung air that is collected for alcohol analysis.
- F. “Breath alcohol concentration (BrAC)” - The concentration of alcohol in breath; the unit of measurement is the number of grams of alcohol per 210 liters of breath.
- G. “Breath alcohol instrument” - Any evidential breath testing device that is capable of analyzing breath to establish the concentration of alcohol contained in a breath sample. Such instruments must be approved and individually certified by SLD for use in testing pursuant to the Implied Consent Act and this rule.
- H. “Breath alcohol instrument modification” - Any alteration, variation or redesign of any part, device or electronic circuit that directly affects, alters, varies or changes the analytical or operational section of the equipment.
- I. “Calibration check” - The analysis of an externally delivered, controlled, ethanol vapor specimen of known alcohol concentration. SLD shall determine the breath alcohol simulator solutions or gases to be used.
- J. “Director” - The director of SLD.
- K. “Drug” - Any chemical agent that affects living processes and has the potential to impair those processes.
- L. “Equipment” - Devices which are not a component of the breath alcohol instrument but assist in meeting the requirements of an evidentiary breath test, including but not limited to simulators, gas tanks, gas brackets, and reference standards.
- M. “Fixed location” - A location inside a building or breath testing mobile command center which is the primary or sole site for a breath alcohol instrument.
- N. “Foreign substance” - Material not commonly found in the human mouth; it does not include dental appliances, dental adhesives, orthodontics or orthotics.
- O. “Certified key operator” - An individual who has successfully completed the course for a certified operator and who has successfully completed a key operator class conducted by SLD.
- P. “Certified operator” - A person who has successfully completed a breath alcohol operator class conducted by a representative of SLD or a SLD certified instructor and who qualifies to conduct implied consent breath alcohol tests.
- Q. “Inspection” - A thorough examination and testing of a breath alcohol instrument by trained personnel to evaluate its accuracy and compliance with this SLD rule.
- R. “Operator instructor” - Operator instructors train, test, and grade breath operators in the use of breath alcohol instruments.
- S. “Portable instrument” - A breath alcohol instrument intended for use inside or outside buildings, including mobile applications (e.g. in vehicles).
- T. “Preservative” - Any chemical that inhibits the development of microbial growth in a collected blood sample.
- U. “Proficiency” - A solution of unknown alcohol concentration in blood or water used to evaluate the competency of an analyst or key operator conducting a chemical test and to assure the accuracy and precision of the instrument in reference to the target value(s).
- V. “Sample” - A quantity of a subject's blood or exhaled breath to be analyzed for the presence of alcohol or other drugs or both pursuant to the New Mexico Implied Consent Act.
- W. “Supplies” - Items that are used in the process of administering a breath or blood test but do not impact the test results, including but not limited to mouthpieces, and printer paper.
- X. “Scientific laboratory division (SLD)” - A division of the department of health.
- Y. “System blank” - A reference sample such as ambient air or distilled water containing no analyte of interest used to verify a negative test result for the purpose of testing blood or breath instruments.
- Z. “Test” - In the case of blood, “test” means the analysis of a blood sample for alcohol or other chemical substances or both. In the case of breath, "test" means the analysis of breath samples for alcohol or other chemical substances or both.
[7.33.2.7 NMAC - Rp, 7.33.2.7 NMAC, 04-30-2010]