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Intoxilzyer 5000: who inspects the Implied Consent area supervisor? Stef Neff does

Quality Control Measures During an Intoxilyzer 5000 Inspection

Definition: Merriam – Webster defines “Quality Control” as

An aggregate of activities designed to ensure adequate quality, especially in manufactured products.

Requirement for Instrument Inspections:

Requirements are in place for a minimum number of inspections at specific intervals.  Only qualified personnel may conduct this inspection following the specific guidelines/procedures set forth by the State and/or manufacturer.

A.     Specific glassware should be used when measuring solutions or liquids for this inspection.

Why should Class “A” Glassware be used.
             -
Volume accuracies and capacities are permanently marked.
          -To deliver – pipettes, exact amounts are delivered
.
             - Ensure the instrument is on and is properly warming up.  (at least 30 minutes)
             - 
All test results should be recorded and made available for public record.

 B.     Simulator Requirements – manufacturers requirements and state requirements for proper usage.  Some states rely on the manufacturer for guidelines.

    1.  Requires use of properly operating simulators.
   2.  Requires proper warm up times for simulator use.           (30 minutes)
   3.
  
Requires the simulator to be leak resistant.
   4. 
 
Requires adherence to temperature range.(34 degrees c +/- 0.2 c)

Special note – most manufacturers require an annual requirement for calibration.  Check calibration dates for simulators.  This calibration is to set within certain limits +/- a small window of temperature °C using a NIST traceable digital thermometer.

C.  Reference Solutions

                        1. The use of approved, sealed, non-expired solutions is a must.
                  2.
Proper and accurate amounts of solutions are to be used.
                  3. Proper care for tools and equipment during and after conducting                                                            inspections.

D. Use only calibrated and certified equipment.

                            1.  Simulators, thermometers, and pressure gauges.  These must have a NIST                                   traceable source is most circumstances.

The utilization of all possible Quality Control Measures assures the most accurate and the best possible results for determination of whether an instrument is operating within the State’s requirements for evidentiary use.  There are many, many minute details that must be adhered to when conducting an inspection.  Do you know what to look for?  Are you familiar with the manufacturer’s guidelines?

 

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Field Sobriety: Scientific or Sensational
The Psychometrics and Science of the Standardized Field Sobriety TestsSteve Rubenzer, Ph.D., ABPP Board Certified Forensic Psychologist

281-481-5715; This email address is being protected from spam bots, you need Javascript enabled to view it .  For the full text click the read more tab.

Technorati Profile
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How do field sobriety evaluations compared with blood and breath tests? Ask an Expert
You need an expert witness and forensic testimony from someone who has testified in 1100 plus Colorado cases on DUI/DUID related matters, reliability of SFST’s and their relationship to impaired driving, BAC/BrAC levels of impairment, and reliability of tests and testing procedures by blood, urine and breath. Read more about J. ROBERT ZETTL
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Don't be blinded by junk science: Breath and Blooding Testing Experts
Experts in the areas of Blood and Breath tests are very important in any DUI defense.  Although expensive, these experts bring alot to the table in regarding to inherent limitations in blood and breath testing, interfering chemicals, failure to follow standardized testing procedures, testing assumptions, and other weaknesses.   Scientific testing is only as good as the methodology behind it.  .Patrick Demers is an expert qualified to testify in blood, breath and urine testing.  He knows the tests strengths and weaknesses and how the government turns good science on its head.  To read more about Patrick Demers, click the read more link below. 
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Having Experts Available can be crucial to winning DUI Cases: Ron Lloyd Field Sobriety Expert

        Having quality DUI Experts available for Courtroom testimony is a crucial weapon needed to beat botched DUI arrests.   All police officers make DUI arrest, but some utilize standardized field sobriety evaluations like the eye test (HGN), walk and turn, and one leg standard with as little as a few hours of training and usually no more than 40 hours training or an average 8-5 work week.  How much did you learn in the first week of school?  This means that Officers make frequent and devasting mistakes and errors that lead to errors in judgment.  Most jurors know as much or more than police officers about field tests after sitting through one trial!  This is when having a qualified expert to communicate Officer mistakes and errors in field tests and explain the devasting effects these mistakes can have on the lives of innocent and law abiding citizens.  Ron Lloyd is such an expert.  For more information about Ron Lloyd follow the more link.

 

      

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Pilot Warning: FAA Reporting of DUIs

Pilot DUI Issues

Reporting Requirements

Under 14 CFR 61.15, all pilots must send a Notification Letter  to FAA’s Security and Investigations Division within 60 calendar days of the effective date of an alcohol-related conviction or administrative action. In 14 CFR 61.15(c), alcohol-related convictions or administrative actions refer to motor vehicle actions (MVA).

Notification Letters

Note: Each event, conviction, or administrative action, requires a separate Notification Letter. For example, an airman’s driver license may be suspended at the time of arrest for driving under the influence of alcohol for either:

  • Failing a blood/breath test
  • Refusing to test

The airman must send a Notification Letter for the suspension, then send a second Notification Letter if the alcohol related offense results in a conviction. Even though the airman sent two notification letters, FAA views the suspension and conviction as one alcohol-related incident.

Send Notification Letters to:

Federal Aviation Administration
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to: (405) 954-4989

To speed processing, the letter must contain the following information:

  • Name, Address, Date of Birth, Certificate Number, Telephone Number
  • Type of Violation (conviction and/or administrative action)
  • Date(s) of Action(s)
  • State Holding the Record
  • Driver License Number or State ID Number (if not licensed)
  • Statement whether this relates to a Previously Reported MVA

History

The DUI/DWI compliance program began in November 1990 by Congressional act. The final rule published in the Federal Register on August 1, 1990, is Federal Aviation Regulation 14 CFR Parts 61 and 67. 

Frequently Asked Questions

Where do I send my Notification Letter   ?
Send the letter to:
Federal Aviation Administration (FAA)
Security and Investigations Division (AMC-700)
P.O. Box 25810
Oklahoma City, OK 73125
or
Fax to (405) 954-4989

Do I have to report anything other than alcohol-related convictions?
Yes, under 14 CFR Part 61, you must report alcohol-related administrative actions, whether a conviction took place or not. Administrative actions and convictions are also reportable under Part 67, the airman application for a medical certificate.

If the charge of Driving Under the Influence (DUI) is reduced to Reckless, Careless, or Negligent driving by the court, do I have to report it?
No, the FAA does not consider a conviction for Reckless, Careless, or Negligent Driving a reportable motor vehicle action (MVA). However, you must report the first suspension, if any.

How long do I have to report my alcohol-related motor vehicle action (MVA)?
You have 60 days from the effective date of the administrative action (driver license suspension, revocation, or cancellation) or conviction. (The 60-day period does not begin with the arrest date.)

What happens when I report an alcohol-related MVA within the 60 days?
When you report an alcohol-related MVA we:
  • Compile a case file
  • Verify your airman status
  • Get your driver history from the state that holds the record
  • Compare information from the Notification Letter to the information on your driver history
Your file will be closed if:
  • You are not in violation of 61.15(d) (two MVAs within three years)
  • You disclosed the action on your Application for Airman Medical (if applicable)
  • You comply with 14 CFR 61.15(e) (Notification Letter)

I received an alcohol-related MVA, but failed to report it within the 60 days. What should I do?
Report the MVA as soon as you become aware of the reporting requirement. A written report received after 60 days, but before the FAA discovers the MVA, is normally considered a mitigating factor when determining sanction.

What happens if I fail to report an alcohol-related MVA and FAA finds out about it?
FAA begins a formal investigation. The FAA will send you a Letter of Investigation giving you the opportunity to respond, in writing, to the alleged violation(s).

Will FAA discover that I have an alcohol-related MVA if I don't report it?
Yes, FAA Form 8500-8 "Application for Airmen Medical" contains an express consent provision which authorizes the National Driver Register (NDR) to release information about your driving record to FAA. Information on the NDR record will contain pointers to states that keep a driving history on you. FAA will get these records to determine if you have a reportable alcohol-related MVA.

Who has access to the records kept by the DUI/DWI Compliance Program?
Only investigators assigned to the DUI/DWI program have access to the information files.

I have more questions. How can I contact your office for more information?
You may contact a DUI/DWI investigator Monday through Friday from 8:00 a.m. to 4:30 p.m. CT at (405) 954-4848. Please Note: You must send a written notification of your alcohol-related MVA. You may not give this information by telephone.

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Low Carb Diets and the Intox 5000

The Intox 5000 attempts to measure blood alcohol by measuring alcohol like chemicals in the infrared spectrum. Unfortunately, this device can not distinguish between substances with similar signatures at the infrared spectrum. Certain chemicals like acetone and ketones mimic alcohol in infrared analysis. When the body is in ketosis it produces keytones which mimic alcohol on the infrared spectrum.

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To obtain legal advice, please call (770) 961-5511 or email George C. Creal, Jr., P.C. at firm@georgialawyer.com. George C. Creal, Jr., P.C. is a law firm representing those charged with DUI or driving under the influence of alcohol or drugs. We have been representing DUI Defendants for ten years in the City of Atlanta, Acworth, Alpharetta, Athens, Austell, Avondale Estates, Ball Ground, Barnesville, Big Canoe, Calhoun, Canton, Carnesville, Carrollton, Cedartown, Chatsworth, Chattahooche Hills, Clarkston, College Park, Commerce, Conyers, Covington, Dahlonega, Dallas, Decatur, Doraville, Douglasville, Duluth, Dunwoody, East Point, Fairburn, Forest Park, Forsyth, Fort McPherson, Fort Gillem, Gainesville, Grayson, Griffin, Hampton, Hapeville, Helen, Holly Springs, Johns Creek, Jonesboro, Kennesaw, LaGrange, Lake City, Lawrenceville, Locust Grove, Loganville, Lovejoy, Marietta, McDonough, Morrow, Newnan, Norcross, Palmetto, Peachtree City, Powder Springs, Roswell, Sandy Springs, Senoia, Smyrna, Stockbridge, Stone Mountain, Suwanee, Thomaston, Tucker, Union City, Villa Rica, Winder, Woodstock, and Zebulon and their surrounding counties including Fulton, Clayton, DeKalb, Henry, Fayette, Rockdale, Gwinnett, Cherokee, Forsyth, Coweta, Cobb, Douglas and Spalding. We also represent Defendants upon request outside of the Atlanta area throughout the State of Georgia.

No legal advice should be obtained from the web site alone. George C. Creal, Jr., P.C. is Georgia Professional Corporation authorized to practice law in the State of Georgia only and all information contained in this web site is intended for use for DUI/DWIs occuring in the State of Georgia. Individuals with DUI/DWIs from outside the State of Georgia should contact a licensed attorney in the state of occurrence of their DUI. Copyright © 2010 George C. Creal, Jr. P.C.