How do field sobriety evaluations compared with blood and breath tests? Ask an Expert

Wednesday, 23 May 2007

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

J. ROBERT ZETTL DBA: Forensic Consultants, Inc. Consultant in Forensic Toxicology 1500 East Mineral Place Centennial, CO 80122-2911 Voice - 720-363-9900 Fax - 303-795-1654.............. ....................... ....................... ....................... ....................... Email - This email address is being protected from spam bots, you need Javascript enabled to view it ....... ....................... ....................... .......................

Federal Tax ID # - 84-1448980

UNDERGRADUATE EDUCATION

Degree Bachelor of Science - 1964

Major/Minor Bacteriology/Physical Chemistry

College Pittsburg State University – Kansas

POST GRADUATE EDUCATION

Masters - Public Administration University of Colorado - 1991

TITLES

Fellow, American Board of Forensic Examiners Fellow, American Academy of Forensic Science AWARDS

Local Heroes Award - Colorado Governor's DUI Task Force - 1997

R. F. Borkenstein Award - National Safety Council - 1999

Ray Abernathy Award - American Academy of Forensic Science

Toxicology Section - 2000

Publications

Forensic Science Handbook, Vol. 1, 2^nd Ed. Richard Saferstein Editor. Prentice Hall, 2002. Chapter 12, “The Determination of Alcohol in Blood and Breath”, Yale H. Caplan, Ph.D., DABFT and J. Robert Zettl, BS, MPA, DABFE.

Intoxication Test Evidence, 2^nd Ed., Edward F. Fitzgerald Editor, Thomson & West, 2006. Chapter 36, “The Current State of Breath Testing: The Experts Comment”.

Drug Abuse Handbook, 2nd Ed., Steven Karsh, Ph.D. Editor. CRC Press, 2006. Chapter 11, Section 11.4, “Alcohol Determination in Point of Collection Testing”, J. Robert Zettl, B.S., M.P.A., DABFE. Intoximeter EC/IR I and II and Alco-Sensor IV Operators and Senior Operators Training Curriculum. State of Wyoming Department of Health, Chemical Test Program. Cheyenne, Wyoming. On-Going Project.

Robert F. Borkenstein Course on Alcohol: Testing, Research and Litigation. Indiana University, Bloomington, IN. “Breath Test Instrumentation Current State of the Art”. On-Going Project.

The Determination of Blood Alcohol Concentration by Transdermal Measurement, A White Paper. J. Robert Zettl, BS, MPA, DABFE, 2002.

The Intoxilyzer Model 5000’s Precision and Accuracy in Direct Breath Testing for Alcohol and Its Ability to Trap and Store Ethanol on Silica Gel Columns for Subsequent Retesting. The American Academy for Forensic Sciences, February 1987, San Diego, California.

Evaluation of the Intoximeters Model IR 3000 for Breath Alcohol Analysis and Storage of Breath Samples on Magnesium Perchlorate. Denver, Colorado, 1987.

A Long-Term Field Experience with Breath Ethanol Collection Employing Silica Gel. Journal of Analytical Toxicology, Vol. 10, September/October 1986.

Trapping and Storing of Ethanol on Silica Gel Columns for Subsequent Analysis Using the Intoxilyzer 4011 AS. Mid-Atlantic Conference of Forensic Scientists, Washington, D.C., May 1985.

Quantitative Determination of the Effects of Alcohol on Reaction Responses. Proceedings of the 21^{st Meeting} of the International Association of Forensic Toxicologists, September 1984, Brighton, U.K. L. Kier, J. Kier, G. Kataoka, R. Zettl.

The Colorado Program, Trapping and Storing of Ethanol on Silica Gel Columns for Subsequent Analysis. Southwestern Association of Forensic Scientists, May 4, 1984, Phoenix, AZ.

Evaluation and Analysis of the Advantages to a State Alcohol Test Program on Trapping of Breath Alcohol Samples. Colorado Department of Health, Alcohol Test Program. J. R. Zettl, M. T. Davia, D. Dupree and K. Niswonger. 1982. Combined Forensic Science Group. Lexington, Kentucky.

The Trapping of Ethanol and Subsequent Analysis of Silica Gel Columns Using the CMI Intoxilyzer. Proceeding of the National Conference on Occupant Protection and Alcohol Countermeasures, Detroit, Michigan, April 1, 1982.

Evaluation of the ToxTrap Silica Gel Device for Trapping Breath Alcohol Samples Using the Intoxilyzer Model 4011 and 4011AS. Denver, Colorado, 1981-82.

The Trapping and Storing and Subsequent Analysis of Ethanol In-Vitro Samples Previously Analyzed by a Non-Destructive Technique. Journal of Forensic Sciences, October 1981.

Affect upon Concentration Over Time After Daily Use of a Know Breath Alcohol Concentration in a Simulator. Intoxilyzer Model 4011. Denver, Colorado, 1980.

Indium Encapsulation Research and Evaluation Study. Denver, Colorado, 1976

Evaluation of the Nalco Pressurized Breath Alcohol Device. Denver, Colorado, 1975.

Affects of Various Preservatives on Blood Alcohol Concentration After Long Term Storage, Kier Study. Denver, Colorado, 1975.

Affects of Altitude vs. Sea Level upon Breath Analyzer Results as Compared to Blood Alcohol Concentrations. Berthoud Pass, Colorado Experiment. 1974.

Affects of Sodium Fluoride Upon Blood Alcohol Concentrations when Using Headspace Chromatography as a Means of Determining Concentration. Denver, Colorado, 1973.

Colorado Department of Public Health, Laboratory Division Breath and Blood Alcohol Test Criteria. Colorado Law Enforcement Academy Training. Recruit and In-Service Staff. Golden, Colorado, 1972-80.

Colorado Breath Alcohol Program. Health Laboratory Science, Vol. 8, No. 3, July 1971.

PROFESSIONAL EXPERIENCE Employment HistoryDates 04-98 to Present Forensic Consultants, Inc. 04-65 to 04-98 State of Colorado Department of Public Health and Environment Division of Laboratories 07-94 to 04-98 Supervisor/Program Manager Forensic Alcohol Program

Implemented and administered the Rules and Regulations of the Colorado Board of Health relating to Chemical Tests for Alcohol and Other Drugs, 5CCR-1005-2, pursuant to Colorado Revised Statutes 1973, 42-4-1301 and 42-4-1304 as amended. Provided chemical testing and analysis for forensic samples, provided testimony, analyzed Quality Assurance and Proficiency Test Data and provided technical assistance on biological samples and devices for alcohol determinations so as to protect the health and welfare of citizens of the state. Designed and implemented a statewide external and internal Proficiency Test Program for certified forensic laboratory facilities. Performed all duties commensurate with that of a unit supervisor except decisions impacting pay status, and tenure of unit staff. Budgeted unit resources, monitored unit expenditures, and billed for unit work. Assured the quality of chemical and analytical test results by performing final review and interpretation prior to authorizing the release of certified equipment, reports and data. Appeared as an expert witness as a Forensic Scientist in State and Federal courts as to the pharmacology and physiology of forensic analysis performed.

10-92 to 07-94 Operations Section Administrator Forensic Laboratory Program/Alcohol Analytical Section

Program responsibilities included the direction, management, and administration for the laboratory section that provided support functions to other sections within the Division of Laboratories. The Operations Section was comprised of Data Entry and Clerical, Central Services, Central Receiving/Storeroom, Administration, Preventive Maintenance and Calibration, Child Article Testing, Inventory Control, and General Laboratory Operations.

10-88 to 10-92 Toxicology Section Administrator

Forensic Drug & Alcohol Analytical Sections

Program responsibilities as previously described with the additional assignment of Toxicology Section Administrator and Drug Test Section Chief. The Drug Unit consisted of six full time FTE's with a daily workload of 250 – 300 forensic samples. It was a full service drug-testing laboratory with TLC, G.C., EMIT, RIA, FPIA and GCMS capabilities.

07-71 to 10-88 Section/Unit Supervisor – Forensic Alcohol Program

Program responsibilities for implementing Colorado Board of Health rules and regulations relating to chemical tests for alcohol and drug testing. Supervisory duties for four full time FTE’s. Administered state, federal and local grants. Guidance from Colorado statutes relative to DUI/DUID legislation. Administered budgets, data evaluation, accounting and general correspondence. Performed research and published scientific articles on alcohol and other drugs as they related to Highway Safety. Coordinated DUI and DUID activities with federal, local and state highway safety officials, law enforcement agencies, judiciary, legislature, Department of Revenue, prosecutors, defense attorneys, special interest groups such as MADD and SADD, A.D.A.D. and others.

and

From 1987, additional responsibilities for Child Article Testing grant from the Consumer Product Safety Commission and Project Coordinator for the HIV Blinded Seroprevalence Project. HIV Program responsibilities related to the coordination and implementation of HIV testing on specimens from neonates, fatal auto crashes, I.V. drug users and other at risk groups.

12-69 to 07-71 Section AdministratorAlcohol Test & Evaluation and Consultation Programs

Directed Evaluation and Consultation Section activities. During this period initiated the Alcohol Test Program. Funding for the Alcohol Test Program was obtained by applying for a Highway Safety grant through the Governor's Highway Safety office. New program within the Division of Laboratories that consisted of instrument research, training

and evaluation for DUI enforcement, law enforcement training, expert witness testimony, and research into the effects of alcohol on the central nervous system as it relates to operating a motor vehicle and the analysis of blood, breath and urine samples for alcohol and other drugs. I developed and implemented new rules and regulations for the DUI statute, CRS 42-4-12-2 and CRS 42-4-1211. As the Program Manager I had the responsibility for J.B.C. and O.S.P.B. budget preparation.

07-68 to 12-69 Section Administrator

Laboratory Evaluation and Consultation Program

Directed program that had oversight of Colorado private laboratories, Public Health Laboratories and hospitals under certification for Medicare, Medicaid and State of Colorado Certification. Evaluation of laboratory procedures, specimen preparation, specimen analysis, data analysis and direct consultation for problem solving to participating laboratories.

04-68 to 07-68 Section Chief Milk and Water Laboratory Program

Laboratory analysis on milk, water, food, and other environmental microbiological samples. State certification of laboratories for milk and water analysis under FDA approval.

08-66 to 04-68 Microbiologist Streptococcal Laboratory

Testing of cultures for streptococcus. Participated in epidemiological research projects and field surveys for streptococcal infections. Participated in field research projects and laboratory surveys on potable water pollution and enteric epidemiology.

4-65 to 8-66 Junior MicrobiologistSyphilis Serology Laboratory

Analyzed blood, serum and spinal fluids for Treponema pallidum.

Technical Experience

Expert witness and forensic testimony 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.

Testimony provided in additional states: Alaska, Arizona, California, Colorado, Florida, Georgia, Hawaii, Indiana, Kansas, Massachusetts, Mississippi, Missouri, New Jersey, New Mexico, Nebraska, Kansas, Oregon, Tennessee, Texas and Wyoming.

Provided training in DUI/DUID related matters to: Judicial and related court personnel; Attorney’s prosecuting and defense; Law enforcement personnel and agencies; and private sector companies and their personnel in over 45 states and several foreign countries.

As Program Manager for the State of Colorado, I supervised and managed the work of multiple laboratory professionals on a daily basis. On a routine basis, other supervisory duties as assigned by Laboratory Director. Budgetary and accounting responsibilities. Grant preparation. Local, state and national consultant relative to alcohol and drug testing as well as instrumentation, procedures, operation and court acceptance of alcohol drug test results on the impaired driver. Appeared before legislative committees, governor’s office, federal and district courts.

Instructional Experience

Certified by the State of Wyoming – Peace Officers Standards and Training Commission as a Practitioner Lecturer and instructor for their Peace Officers Training Program on the Intoximeter – EC/IR and EC/IR II and Alco Sensor IV.

“The Robert F. Borkenstein Course on Alcohol and Highway Safety: Testing, Research and Litigation”. I am presently instructing or have in the past: Blood Alcohol Determination, Breath Alcohol Instrumentation (includes all present and past generation of Breath Alcohol Testing Devices approved under DOT/NHTSA) and Program Administration and Management.

Toxicology - Blood and Breath Alcohol Testing: Colorado District Attorney’s Council.

Toxicology - Blood and Breath Alcohol Testing: National District Attorney’s Association and the American Prosecutor’s Research Institute.

Toxicology - Blood and Breath Alcohol Testing: Colorado and Missouri Bar Associations and New Mexico “Continuing Legal Education Seminar”.

Consulting

Contract as a Consultant to the State of Wyoming, Department of Health in Toxicology related matters since 2002.

Consultant and scientific research/advisor to Alcohol Monitoring Systems, Highlands Ranch, Colorado and I also sit on their Ethics Committee.

Consultant and scientific research/advisor to Arrive Alive Technologies. Impending technology and research in developing an Automobile Steering Wheel Monitor for Ethyl Alcohol, which would then immobilize the vehicle prior to operation.

Provide consultation to USDOT, NHTSA, National Traffic Law Center/American Prosecutors Research Institute, National Association of Defense Attorney’s and various state Task Forces and other interested parties on matters related to highway safety and DUI/DUID enforcement. Experienced and familiar with all major procedures used for alcohol and drug enforcement and testing. Instrumental in developing delayed breath alcohol testing procedures accepted in Colorado and other jurisdictions. Acquired skills to run gas chromatographs, I.R. devices and related laboratory equipment critical to the operation of microbiology, chemistry, and toxicology laboratories.

As a volunteer for the National Safety Council, some of my work was a coordinator for several issues and tasks. The major tasks were authoring the NSC’s guidelines and documents on “Alcohol Testing in the Workplace” and co-authoring the “Breathalyzer Testing Process” for workplace testing. I have also presented numerous talks on issues related to drinking and driving at NSC Annual Meetings.

Trained in a variety of venues such as “The Robert F. Borkenstein Course on Alcohol, Drugs and Highway Safety: Testing, Research and Litigation” the Colorado District Attorney’s Council, American Prosecutor’s Research Institute, Colorado, Missouri and New Mexico “Continuing Legal Education Seminars” and Colorado Bar Association.

Organizational Memberships

National Safety Council

National Safety Council Highway Traffic Safety Division.

National Safety Council Committee on Alcohol and Drugs

Executive Board Member - NSC/COAOD

NSC/COAOD Actions Program Subcommittee

Society of Forensic Toxicologists

American Academy of Forensic Sciences - Fellow

Southwest Association of Forensic Sciences

International Association for Chemical Testing

Southwest Association of Toxicologists

The International Association of Forensic Toxicologists