dr. ronald e. henson, ph.d. expert - consultant · 7/29/2015 · data tjpe ou< s.mple value o...

Dr. Ronald E. Henson, Ph.D. Expert - Consultant

Beron Consulting & LabWorks P.O. Box 10706 Peoria, IL 61612-0706 Ofc: (309) 360-5614 e:mail: [email protected]

Web: http://www.beron.us

Intoximeter EC/IR Intoximeter EC/IR II Intoximeter RBT IV CMI Model 8000 Alco-Sensor VXL

Illinois Approved Breath Test Devices

© Ronald Henson Ph.D.

As of July 29, 2015:

Intoximeter EC / IR

Intox EC / IR Intox EC / IR II

The Intoximeter EC/IR continues to be the primary breath test device used in Illinois. Other states that use the Intoximeter EC/IR and EC/IR II includes: California, Wyoming, Wisconsin, Arkansas, Tennessee, West Virginia, Virginia, and Maryland. The EC/IR was first introduced by the manufacturer in 1993 and deployed in Illinois in the late 1990s. © Ronald Henson Ph.D.


Differences between the EC/IR and EC/IR II: •  2 Motorola HC11 microcontrollers (EC/IR)

•  The EC/IR II uses different unknown microprocessors •  Motorola sold the manufacturing unit for the original HC 11

microcontrollers and Intoximeters, Inc., pursued another unknown manufacturer for the microcontrollers in the EC/IR II.

•  The original Motorola HC11 microcontroller was also used in soda pop vending machines (Vendo V-Max 720 Soda Machine, UCSC, 2008).


Intoximeter EC / IR


Intox EC / IR Intox EC / IR II Differences between the EC/IR and EC/IR II (continued): •  Redesigned cabinet housing •  A flow sensor to monitor the breath sample beyond volume and

early sample introduction •  The ability to be used as a mobile unit as well as a desktop unit •  The EC/IR II breath hose is extended to 18 inches •  The elbow connection for the breath hose is nylon v. metal. The

change was due to an enhancement for RFI shielding on the EC/IR II. Is the EC/IR first generation device subject to RFI without the revision?

Intoximeter EC / IR (Differences Continued)



Intoximeter EC / IR

Highlights of the EC/IR I & II include: •  Infra-red absorption and Fuel Cell Testing •  The Fuel Cell is the Analytical Component for the final result •  Remote Diagnostics Using a Modem •  IntoxNet Database Management •  Capable of Automated Accuracy Checks



Intoximeter EC / IR

Lowlights of the EC/IR I & II include: •  Touts Dual Technology, however, only a single source reading •  The Fuel Cell has a limited life expectancy (4 to 5 Years [Forrester, 1995])

•  The EC/IR will read other hydrocarbons (Forrester, 1995; Various EC/IR Manuals)

•  The EC/IR is Software Driven and there is no standard •  Mouth Alcohol Detection Issues •  Masking

New Format for the EC/IR Subject Test Tickets

Title 20, Section 1286.220

d) The accuracy check results shall be recorded in the instrument's logbook or internal memory, or in the central repository.

Title 20, Section 1286.230

To ensure the continued accuracy of approved evidentiary instruments, a BAT or automated system shall perform accuracy checks.

a)  Checks shall be performed at least once every 62 days. d) If the accuracy check was performed by a BAT at the

instrument location, the accuracy check results shall be recorded in the instrument's logbook.


Compliance with Title 20: 1286.220

b) Approved evidentiary instruments must quantitate the reference sample within 10 percent of the reference sample's value, as adjusted for environmental factors, to be certified accurate. (Source: Amended at 35 Ill. Reg. 18897, effective October 31, 2011)

a; 3) When an approved evidentiary instrument fails to quantitate the two required accuracy check tests within 10 percent of the reference sample's value, as adjusted for environmental factors.



The IntoxNet Software




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RBTs are common use in roadblocks and workplace Alcohol testing which raises concern for DOT’s warning on Carry Over Effect (Report No. DOT HS 809 424)

Intoximeter RBT IV

Intoximeter Operators Manual (1997), a Cell Enhancement Module(CEM) is a recommended accessory where tests are performed in low temperature environments by “uniformly heating the fuel cell and sampling system as well as purging residual alcohol from the manifold…” (p. 57).


Issues in Breath Alcohol Testing RBT-IV

•  The RBT IV is susceptible to “carryover effect.” •  NHTSA, found the device was susceptible to false readings from

residual carryover when operated in 50-degree ambient temperatures (10 degrees C) (Report No. DOT HS 809 424).

•  Because of condensation capturing alcohol molecules in the airway path from a .17 BrAC (breath alcohol concentration), subsequent tests within minutes would show residual alcohol readings as high as a .084 BrAC when the outcome should have read .000.

•  The absence of mouth alcohol detection. •  The RBT IV is not specific to Ethanol only. The Fuel Cell will read

other forms of alcohol and some carbon based chemicals.


?

Intoximeter RBT IV


XVL is a device similar and modernized update for the RBT IV. The device was originally approved by ISP as a PBT in July 15, 2014. ISP approved the device as an EBT on July 19, 2015 when used with a printer.

Intoximeter Alco-Sensor XVL © Ronald Henson Ph.D.

The XVL was evaluated in Nevada by Dana Russell, Forensic Analyst of Alcohol. The reported findings in a public meeting June 14, 2014, were presented as follows:

-The devices needed adjustment prior to calibration tests; - The device began reading high and needed calibration after 30 days; - The calibration required could not be done in the field but need to be in the Lab Environment; -The Committee was concerned about approving a fuel cell device as evidentiary because of the problems; -Approving the devices as PBT is also an issue as the requirement is to have the agencies verify calibration annually; the devices have a problem maintaining the calibration for longer than a month or two. -Testing for cold conditions showed that 30 minutes was needed to warm to the point that a test could be given. There was no problem with a heated test.

Intoximeter Alco-Sensor XVL © Ronald Henson Ph.D.

Similar issues as RBT IV used in Illinois

The Intoxilyzer Model 8000 is CMI’s latest machine that can be used as a portable EBT, or a bench-top EBT.

Intoxilyzer Model 8000

Highlights of the Model 8000 include: •  Infra-red absorption at both the 3 and 9 micron level. •  COBRA (Downloadable Memory) Capable •  Bluetooth Capable •  Automatic Barometric Pressure Compensation

•  Dry Gas Standard Compatible •  Wet Standard is also acceptable


The Intoxilyzer Model 8000

Intoxilyzer Model 8000

Lowlights of the Model 8000 include: •  Susceptible to the Tyndall Effect •  Tennessee Failures in 2003 (Failed Precision, Accuracy, and

other Performance Tests •  Florida Issues

•  Difficulty Blowing into the Machine and no Error Msg. •  RFI Detection Errors were not properly processed •  Source Code



Calibration v. Accuracy Checks

Issues in Breath Alcohol Testing Calibration v. Accuracy Checks

Calibrations:

•  Testimony provided by a State’s expert stated that as a machine ages, the machine will read low.

- In Illinois a machine was found to read as high as a .11 with a .08 standard.

•  An internal memory Intox MIS report is the only assurance to capture the information of calibrations and erroneous accuracy check readings.



Issues in Breath Alcohol Testing Calibration v. Accuracy Checks

Calibrations: •  Testimony provided by a State’s expert stated that as a

machine ages, the machine will read low. - In Illinois a machine was found to read as high as a .11 with a .08 standard and had the be recalibrated.

•  An internal memory Intox MIS report is the only assurance to capture the information of calibrations and erroneous accuracy check readings.


Check the Simple Records

Observation Time Compliance



•  Masking Error •  Temperature Error •  Hydrocarbons •  Mouth Contaminates •  RFI – Ferrite Box •  Foreign Substances in the Mouth •  Operational Errors •  Machine Errors •  Extrapolation •  GERD •  Drift •  Fuel Cell Life •  Single Source Reading

Breath Testing Susceptibility

Current Issues in Blood Alcohol Testing

Retrograde Extrapolation:

People of Illinois v. Chrystal L. Floyd 2014 IL App (2d) 120507; 11 N.E.3d 335; 2014 Ill. App. LEXIS 202; 381 Ill. Dec. 704

-  .069 Extrapolated to a .082 to .095 -  State Expert Admitted to Deficiencies:

-  Did not know food consumption -  Did not know when the elimination phase began -  Did not know the drinking pattern

-  Appellate Court: -  Did not address Frye issue since there was no objection -  They addressed a Nevada Supreme Court Ruling (2011, Armstrong)

-  There are 15 variables for achieving a reliable extrapolation calc.


Current Issues in Blood Alcohol Testing

Retrograde Extrapolation: Nevada Supreme Court Ruling (2011, Armstrong)

-  There are 15 variables for achieving a reliable extrapolation calc.: -- Gender -- Weight -- Age -- Height -- Mental state -- The type and amount of food in the stomach -- The type and amount of alcohol consumed -- The time of the last alcoholic drink consumed -- The subjects drinking pattern at the relevant time -- The lapsed time between the 1st drink and last drink consumed -- The elapsed time between the last drink and the blood draws -- The elapsed time between the offense and the blood draws -- The average alcohol absorption rate -- The average elimination rate

--- The Nevada court also addressed difficulty in a single blood draw case


Dr. Ronald E. Henson, Ph.D. Expert - Consultant

Beron Consulting & LabWorks P.O. Box 10706 Peoria, IL 61612-0706 Ofc: (309) 360-5614 e:mail: [email protected]

Web: http://www.beron.us

dr. ronald e. henson, ph.d. expert - consultant · 7/29/2015 · data tjpe ou< s.mple value o...

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