32B-5-311. Use of breathalyzers.
(1) As used in this section: "Breathalyzer" means: a device that uses electromechanical fuel cell sensor technology in the blood alcohol content testing process; or a single-use, disposable alcohol breath tester that is cleared with the United States Food and Drug Administration as a Class 1 medical device with at least 99.8% accuracy and having a detection cut-off of 0.08 relative percent blood alcohol concentration. "Calibration" means the manual setting of specific levels on a breathalyzer by a person trained to reset the device to ensure as accurate results as possible. "Financial transaction card" means a card, code, or other means of access to a person's account issued to a person that allows the person to obtain, purchase, or receive goods, services, money, or anything else of value. "Financial transaction card" includes: a credit card; a credit plate; a bank services card; a banking card; a check guarantee card; a debit card; a telephone credit card; or a device for access as defined in Section. 7-16a-102
(2) If a retail licensee voluntarily installs, or sells or otherwise provides, a breathalyzer on its premises: the breathalyzer may not store financial transaction card data or associate breathalyzer results with financial transaction card data; for a breathalyzer described in Subsection: (1)(a)(i) the breathalyzer shall collect data that can be downloaded by a third-party that performs the calibration of the breathalyzer, except that the downloaded information may not be used for any purpose other than calibration; the retail licensee shall ensure that a breathalyzer installed inside of the licensed premises is calibrated by a third-party the sooner of every: 30 days; or 300 uses; the owner of the breathalyzer shall annually report to the department compliance with the calibration requirements of this section for the breathalyzer; and the breathalyzer may be able to be shut down remotely; and the retail licensee shall post in a conspicuous location by the breathalyzer: a notice to the user of the breathalyzer that the timing of when a breathalyzer test is taken may affect the results of the breathalyzer test; and a notice that states: "The National Transportation Safety Board has found that crash risk is consistently and significantly elevated by the time an individual reaches a blood alcohol content of 0.05."
(3) Data from a breathalyzer installed in the licensed premises of, or sold or otherwise provided by, a retail licensee may not be used for enforcement purposes.
(4) If a retail licensee or owner of the breathalyzer violates this section, the department may require the retail licensee to remove the installed breathalyzer described in Subsectionor not sell or otherwise provide a breathalyzer described in Subsection. (1)(a)(i) (1)(a)(ii)