Tag: Breath Test

1st Time DUI, Breath Test Over 08, DUI News

Florida DUI Breath Test | Alcohol Concentration Estimator

W F Casey Ebsary Jr

Breath Test Result Estimator by Calconic – Know Your Limits

Introduction:

Are you uncertain about your blood alcohol concentration (BAC) after an Arrest for DUI? Calconic and DUI2Go.com brings you an innovative Breath Test Result Estimator, a tool designed to provide an estimate of your BAC based on various factors. If you are curious about your alcohol level AFTER an arrest , our estimator is here to help you make informed choices on how to fight the charges.


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Breath Test Result Estimator
In conjunction with our commitment to providing comprehensive legal support, our law firm utilizes the Breath Test Result Estimator and Widmark’s formula to conduct a thorough analysis of the obtained BAC results AFTER a DUI arrest.

Understanding the Estimator:

Our Breath Test Result Estimator utilizes advanced algorithms and proven scientific data to estimate your likely BAC. By inputting essential information such as your weight, the number of drinks consumed, and the duration of drinking, the estimator generates an approximate BAC percentage. This tool is not a substitute for professional advice, or to be used after drinking and trying to decide whether or not to drive, but it can provide you with valuable insights into your alcohol levels.

Key Features:

1. Accuracy:

Calconic’s Breath Test Result Estimator is built to make estimations. Your mileage will vary. While it cannot replace an actual breathalyzer test, it serves as a helpful guide to understanding the potential impact of your drinking choices.

2. User-Friendly Interface:

Our user-friendly interface makes it easy for anyone to use the estimator. Simple input fields prompt you to provide the necessary details, and the results are generated instantly. No complicated calculations or confusing processes – just straightforward information at your fingertips.

3. Educational Insights:

Beyond the estimation, our tool provides educational insights into BAC levels and their corresponding effects. Understanding the potential impact of different BAC percentages empowers you to make responsible decisions when it comes to alcohol consumption.

How to Use the Estimator:

  1. Weight: Enter your weight in pounds or kilograms.
  2. Number of Drinks: Specify the number of standard drinks you’ve consumed.
  3. Duration of Drinking: Indicate the time over which you consumed the drinks.
  4. Generate Result: Click the button to generate an estimated BAC percentage.

Disclaimer:

While the Breath Test Result Estimator is a valuable tool for comparing and understanding BAC levels, it is not intended to be used as evidence or a substitute for professional advice, such as an actual breathalyzer test, especially in the context of legal matters after an arrest.

This tool is designed for informational and educational purposes only and should not be used to make decisions related to driving. Your safety, as well as the safety of others on the road, is of utmost importance.

If you have been arrested or are facing legal consequences related to alcohol consumption, consult with legal professionals for accurate assessments and advice tailored to your specific situation. Do not rely solely on this estimator to make decisions related to driving.

How Our Lawfirm Uses this Estimate:

In conjunction with our commitment to providing comprehensive legal support, our law firm utilizes the Breath Test Result Estimator and Widmark’s formula to conduct a thorough analysis of the obtained BAC results following a DUI arrest. By comparing these results with our clients’ documented drinking history, we aim to ensure that the legal process is fair and accurate. This dual approach allows us to assess the consistency of post-arrest BAC measurements with the individual characteristics and tolerance levels of our clients. While this analysis can provide valuable insights, it is essential to note that it forms part of a broader legal strategy, and professional legal advice should always be sought for a complete understanding of your unique case.


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Start Using the Breath Test Result Estimator Today:

Make informed decisions about your alcohol consumption with Calconic’s Breath Test Result Estimator. Understanding your limits has never been easier. Begin the estimation process now and take a step towards responsible drinking.


Disclaimer

While the Breath Test Result Estimator and Widmark’s formula are helpful tools, they are not substitutes for professional advice or actual breath testing conducted by law enforcement. The estimations are based on general assumptions and may not reflect the specific circumstances of your case. Always consult with an attorney for personalized guidance tailored to your situation.
Understanding Widmark’s Formula:

Widmark’s formula, named after Swedish chemist Erik M.P. Widmark, is a widely recognized method for estimating blood alcohol concentration (BAC). This formula takes into account key variables such as weight, gender, the amount of alcohol consumed, and the time over which the alcohol was consumed.

Breath Test Result Estimator

Considering the complexities of DUI cases, our law firm employs innovative tools like the Breath Test Result Estimator. This tool, designed by Calconic, provides an estimate of your likely BAC based on various factors such as weight, number of drinks, and duration of drinking. It’s important to note that this estimator is not a substitute for professional advice, but it can offer valuable insights into your alcohol levels. Call Casey the Lawyer to understand how this tool can be utilized in your defense strategy.

Widmark’s Formula and Legal Analysis

Our law firm goes a step further by using Widmark’s formula in conjunction with the Breath Test Result Estimator. Widmark’s formula is a renowned method for estimating blood alcohol concentration (BAC) and is named after Swedish chemist Erik M.P. Widmark. This formula provides a nuanced and individualized approach to estimating BAC levels, considering key variables such as weight, gender, the amount of alcohol consumed, and the time over which the alcohol was consumed.

Widmark’s formula recognizes that factors like body weight and gender play crucial roles in how the body processes alcohol. It is often used in forensic toxicology and serves as a valuable tool in legal contexts, aiding in the assessment of an individual’s likely BAC based on their unique physiological characteristics and drinking pattern.

DEEP DIVE: Applying Widmark’s Formula

Let’s delve into the specifics of Widmark’s formula:

\[ BAC = \frac{{\text{{Alcohol Consumed in grams}}}}{{\text{{Body Weight in grams}} \times r \times \text{{Widmark Factor}}}} \]

Where:

  • \( BAC \) is the estimated blood alcohol concentration.
  • \( r \) is the alcohol distribution ratio (0.55 for women and 0.68 for men).
  • The Widmark Factor accounts for variations in metabolism (average value is 100).

This formula allows for a more accurate estimation of BAC by considering individual characteristics. Our law firm utilizes Widmark’s formula in combination with the Breath Test Result Estimator to conduct a detailed analysis of post-arrest results and their alignment with your drinking history. These tools, while valuable, are part of a broader legal strategy. Contact Casey the Lawyer for a comprehensive understanding of how these tools can be used in your defense.

Legal Assistance Tailored to You

Don’t let a DUI charge dictate your future. Casey the Lawyer is ready to stand by your side. Contact Casey at 813-222-2220 for a strategic defense tailored to your case. Let us help you navigate the legal process and achieve the best possible outcome. These tools, while valuable, are part of a broader legal strategy. Contact Casey the Lawyer for a comprehensive understanding of how these tools can be used in your defense.


Let us help you 813.222.2220

While the Breath Test Result Estimator and Widmark’s formula are helpful tools, they are not substitutes for professional advice or actual breath testing conducted by law enforcement. The estimations are based on general assumptions and may not reflect the specific circumstances of your case. Always consult with an attorney for personalized guidance tailored to your situation.

DUI News

Tampa Intoxilyzer 8000 | Criminal Defense Expert Update

W F Casey Ebsary Jr

The Intoxilyzer 8000 is a crucial instrument in Florida’s Alcohol Testing Program, administered by the Florida Department of Law Enforcement (FDLE). This guide, serves as a comprehensive reference for users, focusing on the instrument’s functionality, operational modes, and procedures. This discussion will delve into the key sections outlined in the guide, offering an in-depth understanding of the Intoxilyzer 8000’s design, usage, and significance in enforcing alcohol-related laws in the state.

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“Did the sample that was analyzed and reported meet the minimum breath volume criteria for a sample?”

Intoxilyzer 8000
Intoxilyzer 8000 Breath Test

Tampa, Florida DUI Attorney, Lawyer W.F.”Casey” Ebsary, Jr. ran into a potential witness in during our live coverage of the Intoxilyzer 8000 hearings in Tampa’s Circuit Courthouse. He has given us some interesting findings of breath test data that is not disclosed to Florida DUI Defense Attorneys that may be helpful to fighting DUI charges that use a breath result. DUI consultant Stephen Daniels with DUIUndo.com has given us some interesting information about the Intoxilyzer 8000, I-8000.

“The state cannot prove that any breath test result from Intoxilyzer 8000 is reliable without presenting the individual Cobra data for the specific test in question.”

We already knew, before Mr. Daniel’s report,  that the Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement’s computer network and upload activities including calibration, testing, and individual DUI defendant’s tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.

Breath Test Issues in a DUI Case? Click the Call Me Button above or give me a call, tell me your story 813-222-2220.

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Some people refer to COBRA as: In simple terms, C.O.B.R.A. is a cross-jurisdictional database search and analysis system. In Florida, COBRA Data is referred to as: “Computer On-line Breath Archives” We publish the story and a few notes by Florida DUI Attorney, Casey Ebsary,  below:

Stephen Daniels Writes on Intoxilyzer Software

I had my first out of state case and attached is the Cobra Data from an Oregon Intoxilyzer 8000. If all Intoxilyzer 8000’s are the same, and if all states design their own software, could the defense bar raise an argument as to whether FDLE/ATP ‘intentionally’ designed the Florida Cobra Software to ‘exclude’ extremely critical breath tests data from the defense? If they did, wouldn’t this be an ‘Intentional Tort’ or Official Negligence and wouldn’t that because for suit. If yes, then would this also not be a Brady Violation and a violation of the [Florida Rules of Criminal Procedure]:

 

Florida Criminal Procedure 3.220 (4) As soon as practicable after the filing of the charging document the prosecutor shall disclose to the defendant any material information within the state’s possession or control that tends to negate the guilt of the defendant as to any offense charged, regardless of whether the defendant has incurred reciprocal discovery obligations.

Note From Florida DUI Attorney: The Intoxilyzer 8000 used in Florida DUI prosecutions will automatically log on to the Florida Department of Law Enforcement’s computer network and upload activities including calibration, testing, and individual DUI defendant’s tests. This auto-login will occur every 150 DUI subject tests. This data is commonly referred to as C.O.B.R.A. Data. C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives. We routinely access these records in defending DUI charges in Tampa, Florida and elsewhere.

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Oregon Cobra Data Sample

If you notice pic 082 jpg of Oregon’s Cobra Data, that data includes two more lines of data than the Florida Cobra data. Those two additional lines of data; the sample duration and the ‘sample attempts raise serious doubts as to what is actually analyzed and reported. If you notice the 1st sample has

BrAC:                    0.184
Breath Volume:      2.355
Sample Duration:   8.28
Sample Attempts:   2

This breath test sample did not have a ‘VOLUME NOT MET’. It was the result of two (2) sample attempts each of ‘unknown’ sample duration. The print out from the Florida and Oregon Intoxilyzer 8000 printers only show the BrAC results and air blanks. Florida Cobra shows the additional Cobra data of the ‘Breath Volume”

 

However, the Oregon Intoxilyzer 8000 Cobra data shows ‘additional data’ not only of the breath volume, it also shows the following information that is vital to determining what actually happened during the individual breath test blows The Oregon Intoxilyzer printout that the state discovered only shows that my client provided two test results. But the Oregon Cobra Data (pic 82 jpg) from my PRR revealed data that shows that my client actually made to (2) sample attempts on the 1st test blow:

Sample Duration:  8.28
Sample Attempts: 2

Question From Tampa, Florida DUI Attorney: Why is each state making custom software modifications to these machines that have been approved by the United States Department of Transportation D.O.T.?

 

 

The questions become, ‘Does that void of vital test information in Florida’s Cobra go to the admissibility or the weight of the evidence? And then the questions for the evidence become: ‘What sample was analyzed the 1st or 2nd? And, ‘What was the time duration of the sample analyzed and reported? And, ‘Did the sample that was analyzed and reported meet the minimum breath volume criteria for a sample?’

 

Florida Intoxilyzer Test Requirements

We know from the online FDLE/ATP records that the Intoxilyzer 8000 does not need the 1.1 liter of breath volume to issue a BrAC result. There are 1000’s of breath test results that have a BrAC result with only a 0.015 breath volume. My point is, per Florida’s records, and applying the missing Oregon’s Cobra Data to any test result from a Florida Intoxilyzer 8000, could the defense not argue that ‘without’ full disclosure of the ‘individual Cobra Test data’ the state cannot proffer these results as ‘scientifically reliable or accurate’. Why? Because the state cannot show that the minimum criteria was in fact met when more than (1) sample was provided during the 1st or 2nd breath samples, and without this data the state cannot prove that any BrAC result from a Florida Intoxilyzer 8000 is in ‘Barfield’s terminology’…. wait for it….. Quantitative of the Subject’s Breath Alcohol Level.

What does Cobra stand for and how can it help us Beat a DUI Breath Test?

C.O.B.R.A. stands for Computer Online Breath (BrAC) Archives.

Oregon Cobra Data Set
The state cannot prove that any breath test result from Intoxilyzer 8000 is reliable without presenting the individual Cobra data for the specific test in question. This data includes additional data surrounding test actual breath test sample and what was happening ‘exactly’ during each breath test sample. The COBRA data that is available on the Intoxilyzer 8000 is:

1. BrAC result
2. Breath Volume
3. Flow Rate (R Value)
4. Sample Duration (seconds)
5. Sample Attempts
6. Sample Chamber Temperature
7. Barometric Pressure
8. All Diagnostics During Sample Collection
9. Rounded Slope
10. Rounded Intercept
11. Stored Tests in Memory Mask

Tampa DUI Attorney Note: Florida only requires the report spit out of the machine at the time of testing and a few documents that establish monthly and annual testing / calibration to be put before a jury.

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Attorney

DUI On Drugs, Expert Attorney WF Casey Ebsary Jr

Florida Drug Recognition Experts DRE Video

W F Casey Ebsary Jr
DRE Florida Drug Recognition Experts
Florida Drug Recognition Experts DRE

“Drug Recognition Experts (DRE) in Florida and throughout the nation have raised concerns among both jurors and judges. This is because law enforcement and prosecutors aim to influence the independent judgment of these legal authorities in determining the potential impairment of criminal suspects.

We’ve acquired training manuals and carefully scrutinized the evidence supporting these so-called “experts.” Upon examination, it becomes apparent that these witnesses may not meet the rigorous requirements for the admissibility of “scientific” evidence, especially outside of law enforcement circles. Consequently, it is prudent to consider removing such witnesses from the list of prosecution witnesses.

Florida Drug Recognition Experts DRE

In just five minutes, you can gain insights into various aspects of DRE:

The History and Origin of the DRE.
The Comprehensive Training Regimen for Drug Recognition Experts (DRE).
The Entities Responsible for Conducting DRE Training.
The Unique Skillset Acquired by Drug Recognition Experts (DRE) that may not be readily available to judges and jurors.
Whether DRE “evidence” aligns with the standards for admissibility set forth by Florida law and the Daubert standard.”

Using Drug Recognition Experts (DRE), in Florida DUI cases and across the nation, law enforcement and prosecutors are trying to circumvent the ability of jurors and Judges to reach their own conclusions as to the impairment, if any, of criminal suspects.

We have obtained training manuals and reviewed the evidence used to support these “experts” and you may also conclude the ability of these witnesses to meet the stringent requirements for admissibility of “scientific” evidence is far from generally accepted within any communities other than law enforcement. Such witnesses should be stricken from Prosecutors’ witness lists. In five minutes you will know: What is the History and Origin of the DRE? What is done during Drug Recognition Experts (DRE) training? Who does the DRE training? What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have? Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard?

What is the History and Origin of the Drug Recognition Expert (DRE}?

The Los Angeles Police Department developed this area of alleged expertise in the 1970’s. The federal law enforcement agency, the National Highway Traffic Safety Administration (NHTSA) soon jumped on the bandwagon. Strikingly, the “certification” is now issued by the cop’s own International Association of Chiefs of Police (IACP) and not by a generally recognized educational or scientific institution.
Florida Drug Recognition DRE Experts
7 Days to a Better You (DRE)

What is done during DRE training?

A Seven (7) day school is supposed to cover a 706-page manual. The curriculum begins by citing the Frye standard for admissibility, a standard that was abandoned in Florida in 2013 (see discussion below: Does DRE “evidence” meet the standard for admissibility under Florida law and the Daubert standard ? ).
During the 7 day romp, cops are allegedly trained in the following areas: Eye examinations; Physiology; Vital signs; the Central Nervous System; Depressants; Stimulants; Physician’s Desk Reference; Dissociative Anesthetics; Narcotic Analgesics. That is only half of the allegedly scientific in-depth training.
Let’s visit the second half of this highly accelerated educational program:  Inhalants, Vital Signs, Cannabis; Signs and Symptoms; Drug combinations; Writing a resume (Curriculum Vitae); and wrap it up with a list of questions defense attorneys will ask when the newly minted expert tries to spew this garbage in court.
Seven days to a better you – In short, street cops become quasi-medical professionals in only one week.

Who does the Drug Recognition Experts (DRE) training?

The National Highway Traffic Safety Administration (NHTSA) and the International Association of Chiefs of Police (IACP).

What special skills are Drug Recognition Experts (DRE) taught that judges and jurors don’t already have?

None. Generally, witnesses are not allowed to opine on the guilt or innocence of the accused. When police try to use these “experts” they are attempting to tell the jury how to rule and why. Since the alleged expert issues a highly prejudicial opinion on an ultimate issue in the case, courts must allow only legally admissible evidence to reach jurors.

Does Drug Recognition Experts (DRE) “evidence” meet the standard for admissibility under Florida law and the Daubert standard? 

No. In July 2013,  Section 90.704, Florida Statutes, was amended to read: “Facts or data that are otherwise inadmissible may not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert’s opinion substantially outweighs their prejudicial effect.” Since, 2013, there is little guidance from courts and judges on the validity of this testimony.

Florida Rule of Criminal Procedure 3.220 requires disclosure of “reports or statements of experts made in connection with the particular case, including results of physical or mental examinations and of scientific tests, experiments, or comparisons . . . .” The rules also discuss, “expert witnesses who have not provided a written report and a curriculum vitae or who are going to testify . . . .”  In 1996, the rules also contemplated, “experts who have filed a report and curriculum vitae and who will not offer opinions subject to the Frye test.” FRCP 3.220 at 151 Note ( July 1, 2014).

Florida Drug Recognition Experts DRE are only alleged experts who issue highly prejudicial opinions on ultimate issues in the case, courts must allow only legally admissible evidence to reach jurors under the 2013 amendments to Florida law and the ruling of the United States Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), General Electric Co. v. Joiner, 522 U.S. 136 (1997), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), and to no longer apply the standard in Frye v. United States, 293 F.2d 1013 (D.C. Cir 1923) . See generally, http://laws.flrules.org/2013/107 .

Standardized 12-Step Drug Recognition Experts Protocol

The 12-Step Drug Recognition Experts (DRE) Protocol is standardized because it is conducted the same way, by every drug recognition expert, for every suspect whenever possible. In the above video, the 12-Step Drug Recognition Experts (DRE) Protocol is not shown.

1. Breath Alcohol Concentration (BAC) Test administered to suspect
2. Interview with the Arresting Officer about BAC, the reason for stop & suspect’s behavior, appearance, and driving.
3. Preliminary Examination and First Pulse. DRE asks questions about health, recent food, alcohol, and drugs, including prescribed medications while DRE observes suspect’s attitude, coordination, speech, breath, and face. DRE examines pupils uses horizontal gaze nystagmus (HGN) and takes suspect’s pulse. If needed seek medical assistance immediately. Otherwise, the evaluation continues.
4. Eye Examination. behavior, appearance, and driving. DRE uses HGN, vertical gaze Nystagmus (VGN), and looks for a lack of convergence.
5. Divided Attention Psychophysical Tests. DRE administers the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.
6. Vital Signs and Second Pulse. DRE takes the subject’s blood pressure, temperature, and pulse.
7. Dark Room Examinations. DRE measures at pupil sizes under three different lighting conditions.
8. Examination of Muscle Tone. DRE examines the subject’s skeletal muscle tone (normal rigid, or flaccid).
9. Check for Injection Sites and Third Pulse. DRE looks for injection sites and takes suspect’s pulse.
10. Subject’s Statements and Other Observations. DRE reads Miranda, asks questions about drug use.
11. Analysis and Opinions of the Evaluator. DRE forms an opinion as the suspect is impaired. If DRE believes there is impairment, then the category of drugs will be indicated.
12. Toxicological Examination. DRE requests a urine, blood and/or saliva for toxicology lab analysis.