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The Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq.

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Page 1: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Alcotest® 7110: What You Need to Know for Trial

Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq.

Page 2: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Basic Operation of the Alcotest®

• Procedural Requirements • Periodic Calibration of Alcotest

• 20 Minute Lockout and Arrest Time

• 20 Minute Observation Period

• E.M.I. (RF) Interference

• Operator Instructions

• Changing Mouth Pieces

Page 3: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Breath Testing

• Sample Criteria • 1.5 Liters • 4.5 seconds

Page 4: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Methods of Analysis• Infrared Detector (IR) • Electrochemical Cell (EC)

Page 5: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Methods of Analysis (cont.)

Page 6: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Computerization of Breath Testing

Page 7: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Computerization of Breath Testing

• Microprocessor • A/D Conversion • Sensors • Pumps • Software

– Object Code – Source Code – Firmware (EEPROM) – Memory (RAM) – Digital Data Logging

Page 8: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Computer Implementation of a Goal Overly Simplified for Lawyers

Our Goal Goal: Determine volume of a cube and print the result on a label Algorithm: a formula or a recipe Length x Width x Height

Page 9: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Source Code

A Computer language readable by a human being. A list of steps to be taken to implement the Algorithm. Source Code is a computer language such as “Basic” “C” “Fortran” or “Cobol.”

Page 10: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Source Code (cont.)

Source Code to implement our Algorithm in our “pretend” computer language.

1. Measure the length and put it in box A 2. Measure the width and put it in box B 3. Measure the height and put it in box C 4. Multiply the number in A times the number in B times

the number in C 5. Record the product of the multiplication in box D 6. Print the number in box D followed by words “cubic

inches.”

Page 11: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Source Code (cont.)

Source Code lines 1 through 6 would be looked at (read) by a computer program called a Compiler, used by a computer programmer (Nerd and/or Geek variety).

A Compiler program “translates” our Source Code into Object Code to be read by a computer. This Object Code is “burned” into computer chips called “EEPROMs.”

Page 12: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Object Code

A numerical language which is only computer readable and might look like

this:

Page 13: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Object Code (cont.)

01010 11001 11001 00010 00000 10101 11101 11010 11100 00011 11111 00010 11110 11101 11101 11000 11110 11101 11010 11010 01010 11001 11001 00010 00000 10101 11101 11010 11100 00011 11111 00010 11110 11101 11101 11000 11110 11101 11010 11010 01010 11001 11001 00010 00000 10101 11101 11010 11100 00011 01010 11001 11001 00010 00000 10101 11101 11010 11100 00011 11111 00010 11110 11101 11101 11000 11110 11101 11010 11010 01010 11001 11001 00010 00000 10101 11101 11010 11100 00011 11111 00010 11110 11101 11101 11000 11110 11101 11010 11010 01010 11001 11001 00010 00000 10101 11101 11010 11100 00011

Page 14: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Object Code (cont.)

When another computer, set up to accomplish the Goal, reads the Object Code put into its EEPROMs, it performs all the steps necessary to accomplish the Goal though implementation of the Algorithm.

Page 15: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

N.B.

1. The Algorithm must be scientifically proven to properly accomplish the Goal or the results are faulty.

2. Each programmer would likely write different Source Code steps to implement the same Algorithm.

3. Mistakes in the Source Code can cause system crashes and inaccurate results.

4. Hardware problems can cause errors in reading the EEPROMs and cause wrong or no results.

Page 16: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Tolerance vs. Accuracy

Tolerance is how close the readings are to each other.

Accuracy is how close they are to the actual value.

Page 17: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq
Page 18: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Alcohol Influence Report

1

Page 19: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq
Page 20: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

1. New Standard Solution Report of the most recent control test solution change, and the credentials of the operator who performed that change;

Page 21: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

New Standard Solution Report

6

Page 22: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Credentials of Operator Who Performed Solution Change

24

Page 23: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

2. Certificate of Analysis for the .10 percent solution used in that New Standard Solution Report.

Page 24: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Analysis for .10% Solution

22

Page 25: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

3. Dräger Certificate of Accuracy for the Alcotest® CU-34 Simulator

Page 26: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Accuracy for CU-34

9

Page 27: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

4. Dräger Certificate of Accuracy for the Alcotest® 7110 Temperature Probe

Page 28: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Accuracy for Temperature Probe

10

Page 29: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

5. Dräger Certificate of Accuracy for the Alcotest® 7110 Instrument

Page 30: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Accuracy for Alcotest®

8

Page 31: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

6. Calibration Records, including control tests, linearity tests, and the credentials of the coordinator who performed the calibration.

Page 32: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Calibration Record

2

Page 33: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Part I – Control Tests

3

Page 34: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Part II – Linearity Tests

4

Page 35: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Credentials of Coordinator Who Performed Calibration

25

Page 36: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Credentials of Coordinator Who Performed Calibration

25

Page 37: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

7. Certificate of Analysis for the .10 percent solution used in the calibration control test

Page 38: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Analysis for .10% Solution used in Calibration Control Test

17

Page 39: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

8. Certificates of Analysis for the .04%, .08% and .16% solutions used in the linearity tests

Page 40: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Analysis for .04% Solution

18

Page 41: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Analysis for .08% Solution

19

Page 42: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Analysis for .16% Solution

20

Page 43: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

9. New Standard Solution Report following most recent Calibration.

Page 44: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

New Standard Solution Report following most recent calibration

5

Page 45: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

10.Dräger Safety Certificates of Accuracy for simulators (CU-34s) used in calibration.

Page 46: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

CU-34 Certificates of Accuracy

13

Page 47: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

CU-34 Certificates of Accuracy

14

Page 48: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

CU-34 Certificates of Accuracy

15

Page 49: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

11.Dräger Safety Certificate of Accuracy for Black Key Temperature Probe used in calibration of Alcotest®.

Page 50: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Certificate of Accuracy for Black Key Temperature Probe

16

Page 51: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

The Paper Chase – The Golden Twelve

12.Dräger Safety Ertco-Hart Calibration Report (now Control Company Thermometer Calibration Report).

Page 52: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Control Company Thermometer Calibration Report

7

Page 53: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

What must be offered in Evidence?

The following documents must be offered in evidence by the State to demonstrate the Alcotest® was in proper working order:

1. The most recent Calibration Report prior to a defendant's test, including control tests, linearity tests, and the credentials of the coordinator who performed the calibration;

2. The most recent New Standard Solution Report prior to a defendant's test; and 

3. The Certificate of Analysis of the 0.10 Simulator Solution used in a defendant's control tests.

Page 54: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Worksheet A

State must submit a tolerance calculation demonstrating that the four readings are within +/- 5% of the mean of the four readings.

Page 55: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Worksheet AChris Hewitt Esq.'s

Tolerance CalculatorCourtesy of Law Offices of Samuel Sachs

Defendant: Jane Doe

TOLERANCE CALCULATIONSinsert four readings in boxes 7 through 10 in column B

EC(1) 0.1280IR(1) 0.1270EC(2) 0.1330IR(2) 0.1320

Mean (also known as the average) 0.13 (adding all four readings, then dividing by 4)

Highest reading 0.1330Lowest reading 0.1270

Absolute Tolerance upper limit 0.135 (adding .005 to the mean)Absolute Tolerance lower limit 0.125 (subtracting .005 from the mean)

Relative Tolerance upper limit 0.1365 (multiplying mean by 1.05)Relative Tolerance lower limit 0.1235 (multiplying mean by 0.95)

UPPER TOLERANCE LIMIT 0.1365 (using Absolute Tolerance when the mean is less than .1000;LOWER TOLERANCE LIMIT 0.1235 using Relative Tolerance when the mean is greater than .1000)

Highest reading within tolerance? YES (comparing Upper Tolerance Limit with highest reading)Lowest reading within tolerance? YES (comparing Lower Tolerance Limit with lowest reading)

This software may be distributed, without limitation, as long as attribution is given to Mr. Hewitt.

©2008 Law Offices of Samuel Sachs East Windsor, NJ 08520

Page 56: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Margin of Error (Accuracy)

The Alcotest® is subject to a margin of error of at least +/- 5% or, practically speaking, +/- 8.33%.

Page 57: The Alcotest® 7110: What You Need to Know for TrialThe Alcotest® 7110: What You Need to Know for Trial Presenters: Samuel Louis Sachs, Esq. Lauren E. Scardella, Esq

Alcotest Discovery Checklist