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(a)
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(1) An instrument used to determine the alcohol content of the breath for the purpose of determining if the person was operating a motorboat on the waters of this state or a motor vehicle while intoxicated or with an alcohol concentration of eight hundredths (0.08) or more shall be constructed so that the analysis:
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(A) Is made automatically when a sample of the person’s breath is placed in the instrument; and
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(B) Does not require adjustment or other action by the person administering the analysis.
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(2) The instrument shall display digitally the alcohol content on the instrument itself as well as on an automatic printout.
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(b) A breath analysis made by or through the use of an instrument that does not conform to the requirements of this section is inadmissible in a criminal or civil proceeding.
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(c)
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(1) The State Board of Health may adopt appropriate rules to carry out the intent of this section.
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(2) Only instruments approved by the board as meeting the requirements of this section and its own rules shall be used for making the breath analysis for determining alcohol concentration.
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(3)
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(A) The Department of Health may limit by its rules the types or models of testing devices that may be approved for use under this section.
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(B) The approved types or models shall be specified by manufacturer’s name and model.
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(d) A law enforcement agency that conducts alcohol testing shall comply with this section.
