The State Breath Alcohol Lab Refuses to Follow Best Practices
The state breath alcohol lab is at it again—hiding critical data. I’ve seen hundreds of breath machine calibration certificates but noticed something strange lately.
It seems that they’ve been misleading the public about their calibrations. The official calibration certificate doesn’t list the zero calibrator on the certificate. In the past, they always did. But now, they’ve stopped.
Take a look for yourself:
It likely concerns new requirements from the American Academy of Forensic Science (AAFS) regarding breath alcohol calibration.
In the document, the AAFS states:
“a minimum of four non-zero calibrators if measurement technology is linear or six non-zero concentrations shall be used as calibrators if non-linear.”
The keyword: non-zero.
NEVER USE ZERO IN YOUR CALIBRATION
The state lab isn’t performing its calibrations correctly. Here’s the problem—they are using a zero calibrator AND trying to hide it.
But by looking at the linearity results on the maintenance record, we can see that the state did use a zero calibrator.
Check out the image below:
THE CALIBRATION LAB DISREGARDS SCIENTIFIC RECOMMENDATIONS
Any analytical chemist worth their salt will tell you that you never use a zero calibrator in your linearity check. Both the AAFS and the Scientific Working Group for Forensic Toxicology prohibit it.
Why the state lab has taken this approach is beyond me. The Bureau of Criminal Apprehension is supposed to be open and honest, but from my experience, they are anything but that.
With the state, when there’s smoke, there’s fire. The state is hiding its zero calibrator on the certificate for a reason, and I aim to find out why.
I’ve written about many problems with the state’s breath alcohol lab. I’ve pointed out how they failed to make their interference solutions properly, did not notify subjects when the wrong dry gas was used, used the wrong partition ratio, and used the least accurate method for calibration.
WORK WITH A LAWYER WHO KNOWS THE SCIENCE
It’s unlikely that the state will change on its own accord—instead, our firm acts as independent auditors of the state crime lab.
At Ramsay Law, we know the science and take it seriously. If you’re dealing with a difficult case, contact us.
We unturn every stone to ensure we get the best results for your case.
Call us to examine your case — 651-604-0000.
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