§1286.200. Equipment Approval and Accuracy

The procedures contained in this Subpart are the only procedures for establishing the accuracy of breath testing instruments.  A rebuttable presumption exists that an instrument was accurate at the particular time a subject test was performed when the following four conditions are met.

 

a)         The instrument was approved under this Subpart at the time of the subject test.

 

b)         The performance of the instrument was within the accuracy tolerance described in this Subpart according to the last accuracy check prior to the subject test.

 

c)         No accuracy check has been performed subsequent to the subject test or the next accuracy check after the subject test was within the accuracy tolerance described in this Subpart.

 

d)         Accuracy checks have been done in a timely manner, meaning not more than 62 days have passed since the last accuracy check prior to the subject test.

 

(Source:  Amended at 33 Ill. Reg. 8529, effective June 4, 2009)