Intox EC/IR IIAlcohol Screening Test Devices
Alcohol Screening Test Devices (ASTD), also known as Preliminary Breath Testers (PBT), are instruments used to estimate blood alcohol content (BAC) based on a breath sample. These are primarily used during roadside DWI investigations, in conjunction with observable evidence of the subject's impairment, in making the determination to arrest. ASTDs are sometimes generally referred to as breathalyzers, which is a brand name and not approved for use in North Carolina. ASTDs are not evidentiary breath testers and do not produce court-admissible results. Currently, North Carolina has approved six ASTDs for use. These are manufactured by Intoximeters, Inc. and Intoxilyzer (CMI, Inc.).
Intoximeters, Inc.
Alco-Sensor II and Alco-Sensor III
The Alco-Sensor II is probably the most popular ASTD used in the Charlotte area. It is a durable instrument but sensitive to temperature (Intoximeters recommends an operational temperature between 68 and 98 degrees Fahrenheit). If used in cold conditions, the instrument will most likely give a false reading. In my experience as a police officer, on cold nights, I would have to warm my Alco-Sensor II with the vehicle's heating system for several minutes before it would give an accurate reading. Failure to do this would almost always yield higher than usual results.
Operation of the Alco-Sensor II and Alco-Sensor III:
The only difference between the Alco-Sensor II and the Alco-Sensor III is the display. The Alco-Senor II only displays two-digits while the Alco-Sensor III displays three-digits. North Carolina prefers using the Alco-Sensor II as opposed to the Alco-Sensor III due to the truncated display. An Alco-Sensor III, for example, might show a 0.079 (closer to the statutory limit of 0.08) while an Alco-Sensor II would only show a 0.07. This feature is designed to benefit the subject being tested by showing a lower reading. This requires the officer to rely more on sensory evidence (what the officer sees, hears, and smells) as opposed to making an arrest on a chemical basis. Two-digits, after all, are all that's provided on the Intox EC/IR II for evidentiary purposes.
Alco-Sensor IV
The Alco-Sensor IV is an upgrade from the Alco-Sensor II and Alco-Sensor III, but is still less common in the Charlotte area. Much of this is due to its higher price. The Alco-Sensor IV has a software monitored diagnostic and sampling system, which allows tests to be saved, downloaded to a computer, and printed. The Alco-Sensor IV is operated in a similar fashion to the Alco-Sensor II and Alco-Sensor III.
Alco-Sensor FST
The Alco-Sensor FST is replacing the Alco-Sensor II as the preferred ASTD in the Charlotte area. The Alco-Sensor FST has been upgraded from the Alco-Sensor II by making it less prone to temperature (recommended operational temperature between 32 and 122 degrees Fahrenheit), reporting the reading much faster, and the ability to recall the last test result.
Operation of the Alco-Sensor FST:
Intoxilyzer
S-D2 and S-D5
Both the Intoxilyzer S-D2 and S-D5 are very rare in the Charlotte area. They both utilize very similar technology and operational procedures as the Alco-Sensor II and Alco-Sensor III.
The S-D2 is very sensitive to temperature (recommended operating temperature range between 68 to 98 degrees Fahrenheit). The S-D5 was upgraded to be effective anywhere between 23 to 104 degree Fahrenheit.
Administration
The North Carolina Department of Health and Human Service (DHHS), Forensic Tests for Alcohol Branch has issued rules and regulations regarding the administration of ASTD testing. Any ASTD test shall be administered as follows:
It is extremely important for an officer to follow these procedures when administering a ASTD test. The officer must give two tests, wait at least 5 minutes in between tests, and the tests must be within .02 of each other (or another test will be required). The officer should also check a subject's mouth before administering the test. These rules are designed to prevent residual mouth alcohol from contaminating the test. Residual mouth alcohol is alcohol that remains in the mouth after consumption. If blown into a ASTD, residual mouth alcohol will increase the instrument's reading substantially. This is exactly why an officer must wait at least 15 minutes before giving the test after the subject has consumed alcohol, and wait 5 minutes in between tests to ensure an .02 agreement. Failure to do so yields the test invalid.
An interesting and questionable technique that many law enforcement officers use when administering a ASTD test concerns the timing of the test. After an officer suspects a driver of alcohol consumption, or the driver admits to consuming alcohol, the officer usually administers the first ASTD test. Usually, an officer then conducts SFSTs before administering a second test. The reason an officer does this is two-fold: 1. He doesn't want to waste time conducting SFSTs if the driver blows under 0.08, and 2. He wants to save time after conducting his SFSTs in order to expedite the time it takes to arrest the driver and take him for his evidentiary breath test. The problem with this is that if the initial ASTD test shows a reading of 0.08 or higher, the officer will not be as careful in conducting his SFSTs and observing sensory evidence (what the arrest should be based on) and tend to rely more on the chemical results of the ASTD (what the officer should use to confirm his suspicion of impairment). The use of any ASTD before SFSTs are administered will cloud the judgment of the officer while conducting his SFSTs as he will rely heavily on the reading that the ASTD provided.
Calibration
By law, the agency or operator shall verify instrument calibration of each ASTD at least once during each 30 day period. The verification shall be performed by employment of an alcoholic breath simulator using simulator solution or an ethanol gas canister. Alcoholic breath simulators used exclusively to verify instrument calibration of ASTDs shall have the solution changed every 30 days or after 25 calibration tests, whichever occurs first. An ethanol gas canister shall not be utilized beyond the expiration date on the canister. A log must be recorded documenting the calibration dates, alcoholic breath simulator solution changes, and the expiration date of the ethanol gas canisters.
Calibration RARELY happens each 30 day period. Typically, there are not enough ASTDs for each officer to have one assigned. Instead, most ASTDs are passed from officer to officer, shift to shift. Thus, it is rare to find an officer using an ASTD to have a valid and accurate calibration record. Additionally, expired ethanol gas canisters are frequently used when calibrating ASTDs.
ASTD Conclusions
Preliminary breath testing, like pyschophysical testing, is a stage in the pre-arrest screening of a DWI suspect. If done properly, it can be very helpful to a law enforcement officer in making the determination to arrest. An arrest should never be based solely on the use of an ASTD. Instead, an ASTD should only be used to confirm that alcohol is the chemical basis of the suspect's impairment. An ASTD will provide direct indication of the suspect's BAC; it will not indicate the level of the suspect's impairment. Impairment may vary widely among individuals with the same BAC. Since an ASTD has very little evidentiary value, evidence of impairment must be determined through observation of the vehicle in motion, interaction with the suspect, and conducting SFSTs. It is extremely important to understand ASTDs and their limitations. This can help us understand why the police officer charged you with DWI and help us develop a strategy to beat it.
It is important to note that ASTDs are extremely sensitive to three items: Residual Mouth Alcohol, Temperature, and Breath Contaminants.
If an officer fails to follow correct administrative procedures, including controlling for residual mouth alcohol, temperature, and breath contaminants, when conducting an ASTD test, the test is not valid under G.S. 20-16.3. Furthermore, results from an ASTD may not be used to show an actual alcohol concentration result, but only whether the driver showed a positive or negative result. The fact that a driver refused to submit to the ASTD is admissible in court.
In conclusion, ASTDs are not perfect instruments; neither are the law enforcement officers using them. They should only be used to confirm suspicions developed through other means, not as the sole basis for a DWI arrest. Unless you've only consumed a small amount of alcohol over a longer period of time before driving, I would not recommend submitting to an ASTD. There's too much risk and there's too much to lose. If you feel that an ASTD was used improperly during your DWI arrest, please contact Adkins Law if you need to speak to a DWI lawyer / DUI lawyer. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.
Alcohol Screening Test Devices (ASTD), also known as Preliminary Breath Testers (PBT), are instruments used to estimate blood alcohol content (BAC) based on a breath sample. These are primarily used during roadside DWI investigations, in conjunction with observable evidence of the subject's impairment, in making the determination to arrest. ASTDs are sometimes generally referred to as breathalyzers, which is a brand name and not approved for use in North Carolina. ASTDs are not evidentiary breath testers and do not produce court-admissible results. Currently, North Carolina has approved six ASTDs for use. These are manufactured by Intoximeters, Inc. and Intoxilyzer (CMI, Inc.).
Intoximeters, Inc.
Alco-Sensor II and Alco-Sensor III
The Alco-Sensor II is probably the most popular ASTD used in the Charlotte area. It is a durable instrument but sensitive to temperature (Intoximeters recommends an operational temperature between 68 and 98 degrees Fahrenheit). If used in cold conditions, the instrument will most likely give a false reading. In my experience as a police officer, on cold nights, I would have to warm my Alco-Sensor II with the vehicle's heating system for several minutes before it would give an accurate reading. Failure to do this would almost always yield higher than usual results.
Operation of the Alco-Sensor II and Alco-Sensor III:
- Attach Mouthpiece
- Press the READ button to zero to .00 (.000 for the Alco-Sensor III)
- Depress and lock the SET button
- Instruct the subject to provide a 5 second continuous breath sample
- Push the READ button before exhalation ceases
- Keep the READ button depressed until reading stabilizes
- Read maximum reading obtained
- Push the SET button to accelerate eliminate of reading
The only difference between the Alco-Sensor II and the Alco-Sensor III is the display. The Alco-Senor II only displays two-digits while the Alco-Sensor III displays three-digits. North Carolina prefers using the Alco-Sensor II as opposed to the Alco-Sensor III due to the truncated display. An Alco-Sensor III, for example, might show a 0.079 (closer to the statutory limit of 0.08) while an Alco-Sensor II would only show a 0.07. This feature is designed to benefit the subject being tested by showing a lower reading. This requires the officer to rely more on sensory evidence (what the officer sees, hears, and smells) as opposed to making an arrest on a chemical basis. Two-digits, after all, are all that's provided on the Intox EC/IR II for evidentiary purposes.
Alco-Sensor IV
The Alco-Sensor IV is an upgrade from the Alco-Sensor II and Alco-Sensor III, but is still less common in the Charlotte area. Much of this is due to its higher price. The Alco-Sensor IV has a software monitored diagnostic and sampling system, which allows tests to be saved, downloaded to a computer, and printed. The Alco-Sensor IV is operated in a similar fashion to the Alco-Sensor II and Alco-Sensor III.
Alco-Sensor FST
The Alco-Sensor FST is replacing the Alco-Sensor II as the preferred ASTD in the Charlotte area. The Alco-Sensor FST has been upgraded from the Alco-Sensor II by making it less prone to temperature (recommended operational temperature between 32 and 122 degrees Fahrenheit), reporting the reading much faster, and the ability to recall the last test result.
Operation of the Alco-Sensor FST:
- Press and hold down the power ON and hold for one second
- The display will indicate "bln" (blank test) and then .00. If "E11" appears, the blank check was not successful and the device will abort then test.
- When "blo" is displayed, attach a mouthpiece, and instruct the subject to give a breath sample of approximately 5 seconds.
- Dashes will appear in the display indicating the subject is blowing.
- The results will be displayed for 15 seconds before the device will power off.
Intoxilyzer
S-D2 and S-D5
Both the Intoxilyzer S-D2 and S-D5 are very rare in the Charlotte area. They both utilize very similar technology and operational procedures as the Alco-Sensor II and Alco-Sensor III.
The S-D2 is very sensitive to temperature (recommended operating temperature range between 68 to 98 degrees Fahrenheit). The S-D5 was upgraded to be effective anywhere between 23 to 104 degree Fahrenheit.
Administration
The North Carolina Department of Health and Human Service (DHHS), Forensic Tests for Alcohol Branch has issued rules and regulations regarding the administration of ASTD testing. Any ASTD test shall be administered as follows:
- The officer shall determine that the driver has removed all food, drink, tobacco products, chewing gum and other substances and objects from his mouth. Dental devices or oral jewelry need not be removed.
- Unless the driver volunteers the information that he has consumed an alcoholic beverage within the previous 15 minutes, the officer shall administer a screening test as soon as feasible. If a test made without observing a waiting period results in an alcohol concentration reading of 0.08 or more, the officer shall wait five minutes and administer an additional test. If the results of the additional test show an alcohol concentration reading more than 0.02 under the first reading, the officer shall disregard the first reading.
- The officer may request that the driver submit to one or more additional screening tests.
- In administering any screening test, the officer shall use an alcohol screening test device approved under 10A NCAC 41B .0503 of this Section in accordance with the operational instructions supplied by the Forensic Tests for Alcohol Branch and listed on the device.
- Note that the latest rules were amended on April 1, 2007. Older rules required the removal of oral jewelry.
It is extremely important for an officer to follow these procedures when administering a ASTD test. The officer must give two tests, wait at least 5 minutes in between tests, and the tests must be within .02 of each other (or another test will be required). The officer should also check a subject's mouth before administering the test. These rules are designed to prevent residual mouth alcohol from contaminating the test. Residual mouth alcohol is alcohol that remains in the mouth after consumption. If blown into a ASTD, residual mouth alcohol will increase the instrument's reading substantially. This is exactly why an officer must wait at least 15 minutes before giving the test after the subject has consumed alcohol, and wait 5 minutes in between tests to ensure an .02 agreement. Failure to do so yields the test invalid.
An interesting and questionable technique that many law enforcement officers use when administering a ASTD test concerns the timing of the test. After an officer suspects a driver of alcohol consumption, or the driver admits to consuming alcohol, the officer usually administers the first ASTD test. Usually, an officer then conducts SFSTs before administering a second test. The reason an officer does this is two-fold: 1. He doesn't want to waste time conducting SFSTs if the driver blows under 0.08, and 2. He wants to save time after conducting his SFSTs in order to expedite the time it takes to arrest the driver and take him for his evidentiary breath test. The problem with this is that if the initial ASTD test shows a reading of 0.08 or higher, the officer will not be as careful in conducting his SFSTs and observing sensory evidence (what the arrest should be based on) and tend to rely more on the chemical results of the ASTD (what the officer should use to confirm his suspicion of impairment). The use of any ASTD before SFSTs are administered will cloud the judgment of the officer while conducting his SFSTs as he will rely heavily on the reading that the ASTD provided.
Calibration
By law, the agency or operator shall verify instrument calibration of each ASTD at least once during each 30 day period. The verification shall be performed by employment of an alcoholic breath simulator using simulator solution or an ethanol gas canister. Alcoholic breath simulators used exclusively to verify instrument calibration of ASTDs shall have the solution changed every 30 days or after 25 calibration tests, whichever occurs first. An ethanol gas canister shall not be utilized beyond the expiration date on the canister. A log must be recorded documenting the calibration dates, alcoholic breath simulator solution changes, and the expiration date of the ethanol gas canisters.
Calibration RARELY happens each 30 day period. Typically, there are not enough ASTDs for each officer to have one assigned. Instead, most ASTDs are passed from officer to officer, shift to shift. Thus, it is rare to find an officer using an ASTD to have a valid and accurate calibration record. Additionally, expired ethanol gas canisters are frequently used when calibrating ASTDs.
ASTD Conclusions
Preliminary breath testing, like pyschophysical testing, is a stage in the pre-arrest screening of a DWI suspect. If done properly, it can be very helpful to a law enforcement officer in making the determination to arrest. An arrest should never be based solely on the use of an ASTD. Instead, an ASTD should only be used to confirm that alcohol is the chemical basis of the suspect's impairment. An ASTD will provide direct indication of the suspect's BAC; it will not indicate the level of the suspect's impairment. Impairment may vary widely among individuals with the same BAC. Since an ASTD has very little evidentiary value, evidence of impairment must be determined through observation of the vehicle in motion, interaction with the suspect, and conducting SFSTs. It is extremely important to understand ASTDs and their limitations. This can help us understand why the police officer charged you with DWI and help us develop a strategy to beat it.
It is important to note that ASTDs are extremely sensitive to three items: Residual Mouth Alcohol, Temperature, and Breath Contaminants.
- Residual Mouth Alcohol - This is the most common cause of false ASTD readings. When you've either recently consumed alcohol, belched, burped, or suffer from acid reflux, gastroesophageal reflux disease (GERD), or periodontal disease, there is a higher chance of contaminating the ASTD with mouth alcohol. When mouth alcohol is introduced during an ASTD test, the results are typically much higher. A trained operator conducting an ASTD test knows that only a breath sample from alveolar air (i.e., air exhaled deep from the lungs) will show an accurate estimate of a subject's BAC. Many test results, however, are much higher from the introduction of this contaminate.
- Temperature - On a cold winter night or a hot summer day, temperature can play a large role in causing false ASTD readings. As I stated earlier, the Alco-Sensor II (most common ASTD) recommends an operating temperature of 68 to 98 degrees Fahrenheit. The Alco-Sensor FST (second most common ASTD) recommends an operating temperature of 32 to 122 degrees Fahrenheit. When it is colder or hotter than the recommended operating temperature, even if its close to the cusp, the results will be skewed. Having conducted hundreds of ASTD tests in temperatures outside these recommendations, I guarantee this. At that point, all an officer can do it guess.
- Breath Contaminants - Although less common, breath contaminants such as chewing gum, breath mints, and even bread have been shown to alter ASTD results. Most of the contaminants contain a small amount of alcohol that causes a higher reading. Personally, I remember almost arresting a man for DWI one evening after several ASTD tests showed him at .10. Once I realized he had a piece of minty chewing gum in his mouth and he removed it, a subsequent ASTD test showed him to be at a .06.
If an officer fails to follow correct administrative procedures, including controlling for residual mouth alcohol, temperature, and breath contaminants, when conducting an ASTD test, the test is not valid under G.S. 20-16.3. Furthermore, results from an ASTD may not be used to show an actual alcohol concentration result, but only whether the driver showed a positive or negative result. The fact that a driver refused to submit to the ASTD is admissible in court.
In conclusion, ASTDs are not perfect instruments; neither are the law enforcement officers using them. They should only be used to confirm suspicions developed through other means, not as the sole basis for a DWI arrest. Unless you've only consumed a small amount of alcohol over a longer period of time before driving, I would not recommend submitting to an ASTD. There's too much risk and there's too much to lose. If you feel that an ASTD was used improperly during your DWI arrest, please contact Adkins Law if you need to speak to a DWI lawyer / DUI lawyer. A DWI lawyer from Adkins Law will be happy to give you a free DWI consultation. Adkins Law offers DWI representation in Huntersville, Cornelius, Davidson, Charlotte, Mecklenburg County, Iredell County, Gaston County, Cabarrus County, and the Lake Norman area.