11 April

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Radio Frequency Interference

Image via WikipediaRadio 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...

10 March

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Rowland Receives Training on the Intoxilyzer 8000

Posted by Dayton DUI

in DUI Process

Image via WikipediaWhat You Need to Know about Breath Tests & the Intoxilyzer 8000 Today Charles M. Rowland is attending a seminar involving advanced DUI training on the Intoxilyzer 8000 breath test machine. Speakers, experts, nationally recognized attorneys and former police officers will give their stories about the shortcomings of the Intoxilyzer 8000 and what is in store when Ohio makes the conversion. The seminar is sponsored by the Ohio Association of Criminal Defense Lawyers and has been approved for credit by the National College for DUI Defense. This two-day seminar is being held at the Westin Hotel in Columbus,...

28 February

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Who is Qualified to Conduct a Breath Test?

Posted by Dayton DUI

in DUI Process

Evidential breath testing in Ohio is governed by the Ohio Administrative Code and the Ohio Revised Code. The OVI statute, R.C. 4511.19(D)(1), sets forth the requirements that evidential breath tests are admissible when analyzed by individuals holding valid permits issued pursuant to R.C. 3401.143, and qualified in accordance with O.A.C. 3701-53-07(C) - (F). The Ohio Administrative Code contemplates two types, or ranks, of people who are qualified to administer an evidential breath test: Operators and Senior Operators. "Operators" are authorized to conduct breath tests, whereas, "Senior Operators" is capable of conducting breath tests, caring for the machine and its maintenance and...

09 February

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Ohio DUI Alert from Breathalyzer Manufacturer

Posted by Dayton DUI

in DUI Process

The following is the response provided by N.P.A.S. regarding Ohio's decision to employ roadside breath testing instruments. N.P.A.S. is the manufacturer of the BAC DataMaster breath testing machines. We have received many requests for information regarding the Ohio Department of Health's apparent decision to purchase products designed for mobile evidential breath testing in Ohio.We believe our instruments, made in Ohio by Ohio workers, suppliers, engineers and tradesman are the most reliable, and precise instruments in the industry, whether they are deployed at the roadside or in a station.Here is our take on mobile testing in Ohio. Van applications (i.e. ...

08 January

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Dayton DUI Law: Explaining Error Messages and Their Importance

Posted by Dayton DUI

in DUI Process

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...

09 December

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O.A.C. 3701-53-02, Approved Evidential Breath Testing Instruments

Posted by Dayton DUI

in DUI Process

Image by frippy via FlickrOhio Administrative Code 3701-53-02(A) sets forth the approved instruments for evidential breath testing in Ohio. It states, (A) The instruments listed in this paragraph are approved as evidential breath testing instruments for use in determining whether a person's breath contains a concentration of alcohol prohibited or defined by sections 4511.19 and/or 1547.11 of the Revised Code, or any other equivalent statute or local ordinance prescribing a defined or prohibited breath-alcohol concentration. The approved evidential breath testing instruments are:BAC DataMaster, BAC DataMaster K, BAC DataMaster cdm; Intoxilyzer model 5000 series 66, 68 and 68 EN; and Intoxilyzer model 8000 (OH-5).O.A.C....

04 December

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Breath Testing: A Synopsis of the Intoxilyzer 8000

Posted by Dayton DUI

in DUI Law, DUI Process

The Intoxilyzer 8000 breath test machine uses the method of INFRARED ABSORPTION to analyze a breath sample. Unlike the BAC DataMaster, the Intoxilyzer 8000 uses a pulsed Infrared light source. The wavelength frequency is 3.4 and 9.4 microns for ethanol and other interfering substances. The decrease in intensity of the infrared light due to absorption by alcohol in the breath sample is proportional to the amount of alcohol in the breath. The sample chamber holds 29.4 cc's of deep lung air for the Intoxilyzer 8000's analysis. The information most recently shared by the Ohio Department of Health indicates that the...

28 September

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Portable Breath Test Devices Can Produce Falsely High Tests

Posted by Dayton DUI

in DUI Process

According to the National Highway Transportation Safety Administration (Student Manual HS178 R2/06), a Portable Breath Test Device may produce an artificially high reading. The government document is clear: "PBT instruments have accuracy limitations." (VII-8). The NHTSA manual goes on to set forth "two common factors that tend to produce high results on a PBT. The PBT is often seen in Underage Consumption cases and in Boating Under the Influence (BUI) cases as they provide probable cause for an arrest.Residual mouth alcohol. After a person takes a drink, some of the alcohol will remain in the mouth tissues. If the person...

26 August

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The BAC DataMaster: Margin of Error and Interfering Substances

Posted by Dayton DUI

in DUI Process

HOW THE MACHINE WORKS[1]The BAC DataMaster is an evidential breath testing machine which works on the principles of infrared spectrophotometry. Many vapors, including ethanol in the breath, absorb[2] infrared energy. The machine captures a breath sample in its testing chamber and sends a beam of infrared energy through the sample.[3] When infrared energy passes through the ethanol molecule[4], the molecule begins to vibrate at its Hydro-Carbon bond and in the process uses up some, or all, of the energy.[5] Repeated scientific experimentation has allowed chemists to conclude that ethanol vibrates at – to varying degrees – are 3.4, 5 and...

11 August

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Ohio DUI Defense: BAC DataMaster and “Interference”

Posted by Dayton DUI

in DUI Process

What Does It Mean When My BAC DataMaster Ticket Shows an Interfering Substance? HOW IT WORKS: The BAC DataMaster is made with two filters which work to assure that only ethanol is present in a test result. The filters rely on simple chemistry (different absorption curves/different micron levels for interferants) to prevent acetone, methanol, isopropyl or other interfering substances from artificially increasing the result. When an interferant is present the two filters try to reach the same ethanol result. To get to the same ethanol level, the machine subtracts the interfering substance (derived from...

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