31 Miss. Code. R. 506-6.1

Current through August 31, 2024
Rule 31-506-6.1 - Intoxilyzer Location Certification
1. Pursuant to Miss. Code Ann. §§ 63-11-1 and 63-11-19, all Intoxilyzer 8000 locations will be certified using the Intoxilyzer Location Certification (Form IP-65E), which is on file with the Implied Consent Section of the Mississippi Crime Laboratory or designee. All certified locations must follow any and all directives concerning use and care of the Intoxilyzer 8000 instruments in order to maintain the Intoxilyzer 8000 Certification. In order for an agency to be selected and approved as an Intoxilyzer 8000 location, it must meet all the following criteria:
a. Designate and maintain a secure location for instrument installation.
b. Provide adequate work space and secure storage for expendables such as printer paper and mouth pieces.
c. Insure that supplies left at location for the Intoxilyzer 8000 are to be used only for that instrument.
d. Instrument MUST be maintained in a clean area away from eating, drinking, and smoking.
e. Provide grounded electrical outlet meeting Intoxilyzer 8000 instrument specifications.
f. The location will provide a dedicated analog phone line for the Intoxilyzer 8000 or NCIC line for communication with the Implied Consent Section of the Mississippi Crime Laboratory or designee. If the location is mobile (SUV, truck, van, etc.), the agency shall bring their assigned instrument to the Implied Consent Section of the Mississippi Crime Laboratory or designee as required for maintenance, downloading, uploading, and calibration.
g. Allow all qualified individuals with permits issued under Miss. Code. Ann. § 63-11-19 access to instrument for the purpose of conducting breath alcohol testing.
h. Average of 2 or more tests a month per calendar year to maintain certifications.
i. Allow MHP and MCL personnel access to instruments for routine inspections, calibration checks, or any needed service.
j. Assume responsibility for repair costs resulting from abuse of instrument.
k. Instrument must pass IP-60E checklist at location.
l. Supply paper and toner cartridges for the external printer provided with the Intoxilyzer 8000.
m. The location must comply with any and all Implied Consent directives issued by the Implied Consent Section of the Mississippi Crime Laboratory or designee.
n. Use of the Intoxilyzer 8000 shall be restricted to the enforcement of DUI and BUI Laws of the Mississippi Code of 1972 Annotated.
2. If the location fails to meet these requirements, the location will be notified in writing of the areas needing improvement. If the deficiencies are not corrected, the instrument will be removed from service in that location and the Instrument Location Certification will be suspended or revoked. The Intoxilyzer Location Certification can be re-instated if the appropriate corrections are implemented and maintained. Instrument Location Certifications are issued or revoked at the discretion of the Implied Consent Section of the Mississippi Crime Laboratory or designee.

31 Miss. Code. R. 506-6.1

Miss. Code Ann. § 45-1-3
Adopted 2/15/2015