Pioneer Legislation

Currently, the National Highway Traffic Safety Administration (NHTSA) does not impose any regulations on the bar breathalyzer industry.  Utah became the first state to take action by creating standards of quality for the industry and language to protect consumers from liability. IntoxBox is in favor of regulations, and helped in the creation of the bill by providing a white paper that discusses the landscape of the commercial breathalyzer industry (link below)

In addition to the maintenance standards, IntoxBox is pushing other states to add stipulations about accuracy. Not all breathalyzers are created equal, and we believe they should have to pass a quality test before being presented to the public.
The bill establishes that a breathalyzer must be maintained by a qualified operator every 31 days or 400 uses to test calibration and re-calibrate if necessary.
Currently, the bars and operators that provide access to breathalyzer kiosks are not specifically addressed in any legislation. There is language that broadly exempts consumer breathalyzers from legal litigation by classifying them as self-testing devices, as opposed to controlled-testing devices, which can be used in court proceedings. We believe new legislation should directly absolve the facilitators of this resource from any liability, so long as the quality standards are met.
The Utah legislation does absolve consumers from any potential liability in conjunction with the use of a breathalyzer kiosk. This essentially means that a person can test themselves without fear of their test being used against them in any legal situation.
White Paper
Utah Bill