Evidential breath testing device (EBT)

Scope

Breath alcohol technicians (BATs) use evidential breath testing devices (EBDs) to conduct alcohol confirmation tests.

Regulatory citations

• 49 CFR 40.229 — What devices are used to conduct alcohol screening tests?
• 49 CFR 40.231 — What devices are used to conduct alcohol confirmation tests?
• 40 CFR 40.233 — What are the requirements for proper use and care of EBTs?
• 49 CFR 40.251 — What are the first steps in an alcohol confirmation test?
• 49 CFR 40.253 — What are the procedures for conducting an alcohol confirmation test?
• 49 CFR 40.255 — What happens next after the alcohol confirmation test result?

Key definitions

• Alcohol concentration: The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under this part.
• Alcohol confirmation test: A subsequent test using an EBT, following a screening test with a result of 0.02 or greater, that provides quantitative data about the alcohol concentration.
• Alcohol screening device (ASD): A breath or saliva device, other than an EBT, that is approved by the National Highway Traffic Safety Administration (NHTSA) and appears on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids” because it conforms to the model specifications from NHTSA.
• Breath alcohol technician (BAT): A person who instructs and assists employees in the alcohol testing process and operates an evidential breath testing device.
• Evidential breath testing device (EBT): A device that is approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath at the.02 and.04 alcohol concentrations, and appears on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA.

Summary of requirements

Confirmation testing. To conduct a confirmation test, an evidential breath testing device (EBT) must have the following capabilities:

• Provides a printed triplicate result (or three consecutive identical copies of a result) of each breath test;
• Assigns a unique number to each completed test, which the BAT and employee can read before each test and which is printed on each copy of the result;
• Prints, on each copy of the result, the manufacturer’s name for the device, its serial number, and the time of the test;
• Distinguishes alcohol from acetone at the 0.02 alcohol concentration level;
• Tests an air blank; and
• Performs an external calibration check.

Only a breath alcohol technician (BAT) may instruct and assist employees in the alcohol testing process and operate an evidential breath testing device.

Use and care of EBTs. Those who use EBTs must follow the manufacturer’s instructions for use and care and perform the external calibration checks at the intervals specified by the manufacturer. In conducting the external calibration checks, individuals must use only calibration devices on NHTSA’s conforming products list for “Calibrating Units for Breath Alcohol Tests.”If an EBT fails an external calibration check, it must be taken out of service. It cannot be used until it is repaired and passes an external calibration check. Inspection, maintenance, and calibration of the EBT must be performed by its manufacturer, state health agency, or other appropriate state agency. Records on the inspection, maintenance, and calibration of EBTs must be kept in accordance with 40.333(a)(3).