---
kind: "section"
citation: "49 C.F.R. § 40.231"
title: "49"
number: "40.231"
heading: "What devices are used to conduct alcohol confirmation tests?"
url: "https://uscodex.org/cfr/49/40.231"
---

# §40.231. What devices are used to conduct alcohol confirmation tests?

- (a) EBTs on ODAPC's Web page for “Approved Evidential Breath Measurement Devices” that meet the requirements of [paragraph (b)](#b) of this section are the only devices you may use to conduct alcohol confirmation tests under this part.
- (b) To conduct a confirmation test, you must use an EBT that has the following capabilities:
  - (1) Provides a printed triplicate result (or three consecutive identical copies of a result) of each breath test;
  - (2) 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;
  - (3) Prints, on each copy of the result, the manufacturer's name for the device, its serial number, and the time of the test;
  - (4) Distinguishes alcohol from acetone at the 0.02 alcohol concentration level;
  - (5) Tests an air blank; and
  - (6) **Performs an external calibration check.**

## Notes

### Amendments

[65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52246, Nov. 13, 2017]

### Authority

Authority: 49 U.S.C. 102, 301, 322, 5331, 20140, 31306, and 54101 et seq.

### Source

Source: 65 FR 79526, Dec. 19, 2000, unless otherwise noted.

### Amendments

[65 FR 79526, Dec. 19, 2000, as amended at 82 FR 52246, Nov. 13, 2017]