045-10 Wyo. Code R. § 10-5

Current through April 27, 2019
Section 10-5 - Standards for Detecting Breath Alcohol Concentration

(a) For an initial breath test, an ignition interlock device shall:

  • (i) Indicate by audible or visual means when a sufficient sample of breath has been collected.
  • (ii) Indicate the results of the breath test by using pass and fail signals and not by displaying a numerical alcohol concentration level.
  • (iii) Prevent a driver from starting a vehicle when:
    • (A) It detects an alcohol concentration of 0.025 or more grams of alcohol per 210 liters of breath.
    • (B) A driver fails to appear for a scheduled or violation service visit within the 5-day warning period.
  • (iv) Require a driver to wait 5 minutes before attempting to start the vehicle a second or third time if the driver's alcohol concentration on the initial breath test exceeded 0.025 grams per 210 liters of breath.
  • (v) Require a driver to wait 30 minutes before attempting to start the vehicle a fourth or subsequent time if the driver's alcohol concentration on the second breath test exceeded 0.025 grams per 210 liters of breath.
  • (vi) Allow a driver to start the vehicle for 3 minutes after successful completing an initial breath test.

(b) An ignition interlock device shall require random retests.

  • (i) The device shall require the driver to take a random retest within a randomly variable interval ranging from 3 to 10 minutes after a driver has passed an initial breath test and started the vehicle.
  • (ii) The device shall use an audible or visual warning to alert the driver that a random retest is required, and the driver shall have 5 minutes to take the random retest.
  • (iii) If a driver fails to take a random retest within 5 minutes of the warning, or if the device detects an alcohol concentration of 0.025 or more grams of alcohol per 210 liters of breath, the horn shall sound repeatedly or lights flash repeatedly until the vehicle is turned off. The device shall not allow the driver to restart the vehicle within 5 minutes after the ignition has been turned off without taking an initial breath test.
  • (iv) For the duration of travel, the device shall require additional random retests at random intervals ranging from 30 to 60 minutes after the previous test.
  • (v) If the vehicle is intentionally turned off or accidentally stalls after or during the warning of an impending random retest, but before the driver takes the random retest, the driver shall not be able to start the vehicle without taking an initial breath test.

045-10 Wyo. Code R. § 10-5