Intoxilyzer Source Code

[dw]

http://www.vnunet.com/vnunet/news/2144253/florida-court-friday-hear

[Mac]

What a cartload of unadulterated bull puckey. Pretty soon these shysters will want the source code for cars' computer systems to fight speeding tickets.

[Darth Choke]

wow....

This does not sound good. Only a matter of time before CA attorneys join in this fight.

[Nellie]

Even if there was a standard on the algorithms used to calculate the results, folks would question the implementation of it. I say, have some centralized agency develop the algorithm into a "class" that can be dropped into applications. The vendors' coders would just have to interface with the object derived from the class to get their results. If this was done, and it was tightly controlled, the accuracy of the code would be a moot point.

[dw]

I'd imagine each device would need a unique algorithm... I'm just guessing here, but I'd think the purpose of the algorithm is to translate the raw sensor data into a meaningful value. Then there is another factor to convert breath alcohol content to blood alcohol content. I believe the latter conversion factor is standardized, based on scientific studies. Anyway, depending on the type of sensor and variances from one vendor to another, the output voltage/resistance will be different.

[Your Mentor]

It's sad that such defenses are allowed but DUI defense is big buisness. It's the #1 most prosecuted crime and, of course, the #1 most defended crime. There are attorneys, Lawrence Taylor to name just one, who make millions just teaching other attorneys how to fight the charge. IR and fuel cell technology have been used for so long that releasing the source code would be the best way to shut down this defense. As long as it's an approaved device (per NHTSA) this defense isn't going to affect us. I've read so many motions from these defense attorneys I don't think any defense could surprise me. One valid defense out of a breath test is the presence of denture cream. Yet how many of us ever ask if a suspect has dentures? Just follow Title 17 for administering the test and you'll be golden. Let the lawyers play their games because in the end we almost always win and the defendant has just racked up a bigger bill with his attorney, along with a fine.

[dw]

Speaking of Taylor, anyone else have his book? I wasn't really big on supporting the sale, but it's a great reference. I don't have it in front of me, but I remember reading that if nothing else worked, just confuse the jury -- a confused jury won't convict. Great, eh?

[Your Mentor]

It is a great reference though some of his assertions lack merit. It's a good read just so you can prepare yourself for any possible defense right out of the chute. His phylosophy, ridiculously, is that everything we do, all the technology, and all the research is wrong and he is right. An even better reference, but too expensive for the casual reader, is Prosecuting DUI. We had a copy at the Academy and I couldn't believe how indepth it goes. It's kind of like CPOLS in that you get inserts every so often. That's where I read about denture creams. It even went so far as analyzing specific brands of creams. Of course, I had to try it. They should have used denture cream on that Mythbusters episode. It doesn't matter how long the dentures have been in their mouth. If it's there it will screw up the results significantly. I tried three different kinds of cream, the ones listed in the book, and everyone worked. If you tell the person to remove them you'd have to have them rinse their mouth out for about ten minutes, then wait the prescribed fifteen minutes before obtaining a breath sample. Since there haven't been any scientific or controlled validation studies, the whole thing could still be questioned. I pretty much concluded that if you have a person with dentures, who wouldn't likely be able to blow into the EPAS without them in anyway, the breath test shouldn't even be made available. Of course you'd have to document why in your report. By doing so you'd probably impress your supervisor, the DA, and intimidate the hell out of the defense attorney. This is just one small nugget from that book. Really good stuff if you dig hooking deuces. I know I do.

[dw]

Is it fair to assume the presence of denture creams increases the reported BAC as opposed to reducing it?

[Your Mentor]

Sorry dw. I should have clarified. Yes, denture cream will give a false positive; significantly increasing the reading. Some denture creams contain ethyl alcohol as a solvent and will dramatically influence the reading.

[Lucky Seven]

Sorry dw. I should have clarified. Yes, denture cream will give a false positive; significantly increasing the reading. Some denture creams contain ethyl alcohol as a solvent and will dramatically influence the reading.


Thanks. You learn something new every day. Some of the best things I've learned to do or not do on a DUI were because of experience from a defense attorney in court.

[Your Mentor]

Thanks Lucky Seven. I taught DUI and DRE for a few years and I'm glad I can come up with something new and interesting for senior officers. By the way, do you know where the term Hooch comes from?