Posts Tagged ‘radio frequency interference’

Calibration of the Intoxilyzer 8000, O.A.C. 3701-53-04

June 8th, 2012
Ethanol

The revised Ohio Administrative Code section 3701-53-04 incorporates the new rules for calibrations of the Intoxilyzer 8000. See O.A.C. 3701-53-04(B) as set forth below.  The “new” standards “automatically perform a dry gas control test before and after every subject test and instrument certification using a dry gas standard traceable to the national institute of standards and technology (NIST).  The dry gas results ”are valid when the results are at or within five one-thousandths (0.005) grams per two hundred ten liters of the alcohol concentration on the manufacturer’s certificate of analysis for that dry gas standard. A dry gas control result which is outside the range specified in this paragraph will abort the subject test or instrument certification in progress.”

Under the old rules the evidential breath testing machine which tested outside the (0.005) parameters was required to be taken out of service (see O.A.C. 3701-53-04(A)(2)) until repaired.  It is unclear what would happen to a machine that tested outside the parameters under division (B).  It appears that the Radio Frequency Interference Rules (O.A.C. 3701-53-04(A)(1)) will still apply and that a check of the Intoxilyzer 8000 every seven (7) days will be required.  Section (E), which requires refrigeration of the solution appears to be rendered moot by the Intoxilyzer 8000′s pre-test using dry gas.  However, the dry gas will raise its own group of scientific questions which attentive DUI lawyers will be required to check out.

3701-53-04 Instrument checks, controls and certifications.

(A) A senior operator shall perform an instrument check on approved evidential breath testing instruments listed under paragraphs (A)(1), (A)(2), and (B) of rule 3701-53-02 no less frequently than once every seven days in accordance with the appropriate instrument checklist for the instrument being used. The instrument check may be performed anytime up to one hundred and ninety-two hours after the last instrument check.

(1) The instrument shall be checked to detect radio frequency interference (RFI) using a hand-held radio normally used by the law enforcement agency performing the instrument check. The RFI detector check is valid when the evidential breath testing instrument detects RFI or aborts a subject test. If the RFI detector check is not valid, the instrument shall not be used until the instrument is serviced.

(2) An instrument shall be checked using a solution containing ethyl alcohol approved by the director of health. An instrument check result is valid when the result of the instrument check is at or within five one-thousandths (0.005) grams per two hundred ten liters of the target value for that approved solution. An instrument check result which is outside the range specified in this paragraph shall be confirmed by the senior operator using another bottle of approved solution. If this instrument check result is also out of range, the instrument shall not be used until the instrument is serviced or repaired.

(B) Instruments listed under paragraph (A)(3) of rule 3701-53-02 shall automatically perform a dry gas control test before and after every subject test and instrument certification using a dry gas standard traceable to the national institute of standards and technology (NIST). Dry gas control results are valid when the results are at or within five one-thousandths (0.005) grams per two hundred ten liters of the alcohol concentration on the manufacturer’s certificate of analysis for that dry gas standard. A dry gas control result which is outside the range specified in this paragraph will abort the subject test or instrument certification in progress.

(C) Representatives of the director shall perform an instrument certification on approved evidential breath testing instruments listed under paragraph (A) (3) of rule 3701-53-02 of the Administrative Code using a solution containing ethyl alcohol approved by the director of health according to the instrument display for the instrument being certified. An instrument shall be certified no less frequently than once every calendar year or when the dry gas standard on the instrument is replaced, whichever comes first. Instrument certifications are valid when the certification results are at or within five one-thousandths (0.005) grams per two hundred ten liters of the target value for that approved solution. Instruments with certification results outside the range specified in this paragraph will require the instrument be removed from service until the instrument is serviced or repaired. Certification results shall be retained in a manner prescribed by the director of health.

(D) An instrument check or certification shall be made in accordance with paragraphs (A) and (C) of this rule when a new evidential breath testing instrument is placedin service or when the instrument is returned after service or repairs, before the instrument is used to test subjects.

(E) A bottle of approved solution shall not be used more than three months after its date of first use, or after the manufacturer’s expiration date on the approved solution certificate, whichever comes first. After first use, a bottle of approved solution shall be kept under refrigeration when not being used. The approved solution bottle shall be retained for reference until that bottle of approved solution is discarded.

(F) Each testing day, the analytical techniques or methods used in rule 3701-53-03 of the Administrative Code shall be checked for proper calibration under the general direction of the designated laboratory director. General direction does not mean that the designated laboratory director must be physically present during the performance of the calibration check.

(G)Results of instrument checks, controls, certifications, calibration checks and records of service and repairs shall be retained in accordance with paragraph (A) of rule 3701-53-01 of the Administrative Code.

DUI attorney Charles M. Rowland II dedicates his practice to defending the accused drunk driver in DaytonSpringfieldKetteringVandaliaXeniaMiamisburgSpringboro,Huber HeightsOakwoodBeavercreekCenterville and throughout Ohio.  He has the credentials and the experience to win your case and has made himself the Miami Valley’s choice for DUI defense.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter @DaytonDUI or Get Twitter updates via SMS by texting DaytonDUI to40404. DaytonDUI is also available on Facebook and on the DaytonDUI channel on YouTube.  You can also email Charles Rowland at: CharlesRowland@DaytonDUI.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324. “All I do is DUI

Radio Frequency Interference

April 11th, 2011
Interference
Image via Wikipedia

Radio frequency interference (RFI) or electromagnetic interference can arise when radio signals transmitted in proximity to a breath testing instrument are amplified in a way indistinguishable from electronic signals generated by the instrument during an analysis.  Most instruments are shielded from such interference, have RFI detectors that prevent testing if significant RFI sources are present or both.  Breath testing protocols typically prohibit the use of handheld transmitters in the proximity of the instrument while it is being operated (National Safety Council, 1992).  Subject testing protocols that include the analysis of air blanks, known alcohol samples and agreement of duplicate subject test results can be used to demonstrate the lack of RFI.

If you find yourself accused of drunk driving, CONTACT Dayton DUI attorney Charles M. Rowland II at (937) 318-1384 [318-1DUI], 1-888-ROWLAND [888-769-5263] or visit www.DaytonDUI.com.

Portions of the above were taken from Garriott, Medical-Legal Aspects of Alcohol, 4th ed 2003.
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Dayton DUI Law: Explaining Error Messages and Their Importance

January 8th, 2011

Ohio utilizes the BAC DataMaster breath test machine to measure the blood alcohol content of a suspect arrested for driving under the influence. The BAC DataMaster is a product of National Patent Analytical Systems, Inc. (NPAS) located in Mansfield, Ohio.  National Patent Analytical Systems has certified Charles Rowland in the operation, diagnostic verification and calibration of the BAC DataMaster Breath Alcohol Testing Instrument, the most commonly used breath testing instrument in Ohio for DUI arrests.  The BAC DataMaster breath test device requires regular maintenance, and a proper environment for testing administration. The BAC DataMaster is part computer, and uses an LED display. If the alcohol detecting machine is not functioning properly or if the testing environment is corrupted, then the BAC DataMaster will report an error message. Below is a partial list of these messages that occur on a regular basis.

  1. Ambient Failure: The machine is unable to purge itself. The machine operator is required to check the testing room for excessive odors of alcohol or chemical odors. The operator must ensure the breath test tube is warm, and that the tube is not placed near the machine’s exit port.
  2. System Will Not Zero: The operator must ensure the breath test tube is warm and is not placed near the machine’s exit port.
  3. Invalid Sample: This warning is triggered by the presence of mouth alcohol or the instrument is out of adjustment. The operator must conduct another mouth check and wait for the prescribed 15 minutes.  Frequently, an operator will interpret an invalid sample reading as caused by a defendant who is improperly blowing into the machine.  This is important because if the officer marks an invalid sample as a refusal, the defendant can expect increased license suspension time and other detrimental outcomes.  See Dayton DUI Defense: What is the Invalid Sample Reading?
  4. Radio Interference: RFI is being detected by the BAC DataMaster. The operator of the machine must determine the cause of the RFI and eliminate the source.
  5. Printer Error: The BAC DataMaster will print a breath ticket showing the breath test results. The Printer Error indicates a paper jam or print malfunction.
  6. Calibration Error: These machines require calibration and this error indicates the calibration could not be verified. If the error messages persist, then the operator must tag the machine “out of service” and not conduct further tests until it has been serviced.

“I have been trained in the science underlying the breath test and I trust it,” says Dayton DUI lawyer Charles M. Rowland.  ”The machine can malfunction and its vital that your attorney be able to correctly interpret what the error messages mean.  These machines have room for error and give experienced DUI defense attorneys plenty to argue before a judge and jury.”  If you have been arrested for an Ohio DUI then you mustcontact a leading Dayton DUI attorney who can best protect your legal interests.  Contact Charles Rowland by phone at 937-318-1DUI (937-318-1384), 937-879-9542, or toll-free at 1-888-ROWLAND (1-888-769-5263).  For after-hours help contact our 24/7 DUI HOTLINE at 937-776-2671.

Visit www.DaytonDUI.comwww.SpringfieldDUI.com,www.OhioDUIdefense.comwww.KetteringDUI.com,www.BeavercreekDUI.comwww.FairbornDUI.com,   www.VandaliaDUI.com,www.HuberHeightsDUI.comwww.MiamisburgDUI.comwww.XeniaDUI.com orwww.CharlesRowland.com.  Immediate help is available by filling out the CONTACT form on any of these pages.  For information about Dayton DUI sent directly to your mobile device, text DaytonDUI (one word) to 50500.  Follow DaytonDUI on Twitter at www.Twitter.com/DaytonDUI or Get Twitterupdates via SMS by texting follow DaytonDUI to 40404. DaytonDUI is also available on Facebook and you can access updates by becoming a fan of Dayton DUI/OVI Defense.  You can also email Charles Rowland at: CharlesRowland@CharlesRowland.com or write to us at 2190 Gateway Dr., Fairborn, Ohio 45324.

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