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Utah DUI Intoxilyzers and False Results Due to Breath Temperature, Interference and Use Only a Single Sample

February 19, 2013 By David Rosenbloom

Utah DUI Intoxilyzers Are Inaccurate Because They Use a Single Breath Sample, allow for interference and fail to measure temperature:

Utah DUI Intoxilyzers are calibrated each month by a member of the Utah Highway Patrol trained to carefully control the temperature of the test solution; Only one huge problem – NONE of the Intoxilyzers owned by the state of Utah have the ability to measure breath temperature, so they settle for a fixed temperature of 34 degrees Centigrade, each degree of temperature above 34 C equates to a whopping 6.7% higher than actual value! And yes, you guessed it, the average temperature for humans is around 35.7 degrees C; so on average, right off the bat, the Intoxilyzer results are actually about 10% higher (and can be as much as 20% higher) on average than they should be just from breath temperature.

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Dubowski, Studies in Breath-Alcohol Analysis: Biological Factors, 76 International Journal of Legal Medicine 93 (1975)

Dave’s Plain English Summary : Intoxilyzers that do not measure breath temperature end up reporting higher than normal breath test results as a result of condensation in the mouthpiece with higher than normal expiration samples following plateau of alcohol level. After oral alcohol intake, retained mouth-alcohol in 8 subjects had disappeared after 11 minutes without subsequent water-rinsing of the mouth, and after 8 minutes with rinsing. Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health

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Fox and Hayward, Effects of Hyperthermia on Breath Alcohol Analysis 34 Journal of Forensic Sciences 320 (1987)

Dave’s Plain English Summary / Synopsis: Hyperthermia causes up to a 23% increase of breath alcohol over blood alcohol. 8.62% increase of breath alchol over blood alcohol per degree Celsius increase in core body temperature. Mouth temperature should be measured to allow a temperature correction factor.

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Bell, et al., Diethyl Ether Interference with Infrared Breath Analysis, 16 Journal of Analytical Toxicology (1992)

Intoxilyzers are well known to have specificity difficulties (difficulty distinguishing between ethanol -alcohol, and other similarly sized molecules which can fool the machine into a high false positive) due to the large amount of substances having the same wavelength interference as ethanol molecules; this is why every machine has more than just the single “filter” needed to detect ethanol. Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health
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Bosch, Xavier, Using Asthma Inhalers Can Give False Positive Results in Breath Tests, 324 British Medical Journal, 756 (2002)

Dave’s Plain Language Analysis / Synopsis: Inhalers without ethanol produced false positives for ethanol when subjects given breath tests within 10 minutes. Dr. Ignacio-Garcia suggests that the propellants are the cause.

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Caldwell & Kim, The Response of the Intoxilyzer 5000 to Five Potential Interfering Substances, 42 (6) Journal of Forensic Sciences 1080,(1997)

A study was conducted of potential vapor phase interferents which could be present on human breath and also be capable of inducing a false-positive response for ethanol on the evidential infrared-based breath testing device. All compounds tested were found to be capable of inducing false-positive readings for ethanol in a highly reproducible manner, as a result of which it has been possible to derive precise least-squares equations describing the ethanol readout expected for any given blood concentration. Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health
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Giguiere, Lewis, Baselt, Chang, Lacquer fumes and the Intoxilyzer, 12 Journal of Analytical Toxicology 168, 168 (1988)

Dave’s Plain Language Analysis / Synopsis: Painter blows a .075 on Intoxilizer after painting with lacquer fumes for 20 minutes with mask. Then another ten minutes without mask blew .48
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Janhanen, Baraona, Hiyakawa, and Lieber, Origin of Breath Acetaldehyde During Ehtanol Oxidation: Effects of Long-Term Cigarette Smoking, 100 Journal of Laboratory Clinical Medicine 908 (1982)

Dave’s Plain Language Analysis / Synopsis: Acetaldehyde greater than would be expected if just passing from liver to lungs via blood.
Acetaldehyde was greater in the lungs for smokers than non smokers.
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Krotosyynski, Gabriel, O’Neil & Claudio; Characterization of Human Expired Air: A Promising Investigation and Diagnostic Technique, 15 Journal of Chromatographic Science 239 (1977)

Dave’s Plain Language Analysis / Synopsis:  Perhaps as much as 50% of the population have substances on their breath that can “fool” the machine into reporting high breath alcohol concentrations.
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Labianca, How Specific for Ethanol is Breath-Alcohol Analysis Based on Absorption of IR Radiation at 9.5 um? 16 Journal of Analytical Toxicology 404, 405 (Nov.-Dec. 1992)

Dave’s Plain Language Analysis / Synopsis: Breath testing lacks of specificity because thousands of organic molecules that contain the methyl group and the corresponding carbon-hydrogen bond absorb the light producing false positives.

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Logan & Distefano; Ethanol Content of Various Foods and Soft Drinks and their Potential for Interference with a Breath-Alcohol Test, 22 Journal of Analytical Toxicology 181 (1988),

Dave’s Plain Language Analysis / Synopsis: Datamaster Intoxilyzer read up to .046 on bread etc. The mouth alcohol Slope detector failed.

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Stowell, et al., A Reinvestigation of the Usefulness of Breath Analysis in the Determination of Blood Acetaldehyde Concentrations, 8 Alcoholism: Clinical and Experimental Research 442 (1984)
Dave’s Plain Language Analysis / Synopsis: Acetaldehyde was coming not from the liver but the lungs! Showing BAC 30 times higher than actual result. Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health
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David Rosenbloom=Jesus in a suit David got my DUI dropped to an Impaired Driving, no community service, fines lowered, and no interlock. This guy did an excellent job and because of him my life will be A LOT less hectic.
Matt V.
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David is a professional. He knows all of the ins and outs of this kind of law and is very diligent in his work. He will examine every aspect of your case and get you the best outcome possible. David Rosenbloom gets the job done and gets it done well. Hopefully I never need a DUI lawyer ever again, but if I did I’d call David in a heartbeat.Thanks again for your help David. You really saved my butt. !
C.R. SLC, UT
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