DWI Cases Stalled
Middlesex DWI cases remain on hold
NJ Supreme Court orders special hearing on new DWI test
NJ Supreme Court orders special hearing on new DWI test
High court orders hearing on alcohol test's accuracy
Supreme Court orders judges to accept evidence from new DWI test _ for now
County by county, New Jersey is switching from the Breathalyzer 900 and 900A to the Alcotest 7110 MKIII-C. Which machine were you tested on?
The following description of the new machine is from State v. Foley, 370 N.J.Super. 341, 346-49 (Law Div. 2003):
The 7110 is an evidential breath testing instrument which uses infrared (IR) absorption analysis and electrochemical (EC) cell technology analysis to simultaneously determine the presence of ethanol in a breath sample. Each method of analysis operates independently.
IR Analysis
Within the instrument a source emits an infrared light which is sensed by a detector. The infrared light from the source to the detector is established in the absence of alcohol as the baseline condition. When a breath containing alcohol is introduced into the chamber some of the infrared light is absorbed by the alcohol molecules and therefore does not reach the detector. The comparison between the presample IR and the sample IR transmission results in a lesser amount of infrared light with the sample present. The quantitative difference in the amount of infrared light reaching the detector is converted by the circuitry into a printed result which equates to the alcohol concentration of the person's breath.
EC Analysis
The instrument also contains a fuel cell which produces an electrical current. In the absence of alcohol the current is flat. When alcohol is introduced the electrons which flow between the anode and cathode on the fuel cell increase. This increase in the flow of electricity is interpreted by the 7110 as the effect of alcohol in the breath.
The 7110 uses both IR and EC analysis to determine simultaneously the presence of alcohol in a breath sample. Each method of analysis is performed independently. The two readings must be within an accepted tolerance established by Draeger to produce a valid reading.
Instrument--Operation
The instrument, if not a computer, has many of the same features as a computer. It contains a motherboard, a microprocessor, a lighted electronic display screen, a keyboard and memory. The instrument is an imbedded application which runs on firmware. The firmware has been developed by the manufacturer in accordance with specifications established by the State of New Jersey.
The breath testing sequence developed by the State of New Jersey for the 7110 consists of the following steps:
Air Blank and Ambient Air Check
The Air Blank draws room air into the instrument's chamber to clean it and remove any interfering substances. The Ambient Air Blank Check sets the IR chamber and EC chamber at zero.
Control Test
A known concentration of alcohol from the simulator is then pumped into the IR chamber and the EC chamber. This process produces a test result. The Control Test standard is generated from an ethanol solution that produces a simulated breath sample of 0.100 %. The control test function assures that the 7110 is operating properly at a known test value.
Air Blank
The Air Blank is repeated to clean the chamber after the control test.
Subject Breath Test # 1
The subject blows into the instrument. The State has established that for a breath sample to be acceptable the subject must blow for at least 4.5 seconds and deliver at least 1.5 liters of air at a flow rate of at least 2.5 liters/minute. The IR detector is making 128 readings a second to detect the presence of alcohol and to determine when the breath sample has reached a state of equilibrium. These minimum requirements have been established by the State in an effort to assure that the breath sample contains deep lung or alveolar air which the scientific community regards as the air that provides the best approximation of the blood alcohol concentration of a suspect.
If the minimum requirements are not met, the 7110 will not provide a reportable breath test result. The lighted electronic display screen will advise the operator as to what requirement was not met. The following messages may appear on the screen: "Blowing Time Too Short", "Minimum Volume Not Achieved" or "Plateau Not Reached". The operator is not advised at that time as to what volume of air the subject delivered, the length of time the subject blew into the instrument, or the flow rate of the subject's breath. Finally the instrument displays the message "Refusal (Y)(N)", prompting the operator to make a choice. The operator will then decide whether to repeat the test or charge the subject with refusal.
If an acceptable breath sample is delivered and the IR and EC readings are within the tolerance established, the testing process continues.
Air Blank--An Air Blank Clear is conducted to clear the chamber before the second test is administered
Subject Breath Test # 2
A second breath test is given to the subject. The State has established that the tolerance between the two sets of breath tests must be 0.01 or +/- 10% of the average of the highest and lowest of the IR and EC readings to produce a reportable breath test result.
Air Blank--An Air Blank is conducted to clear the chamber.
Control Test--Another control test is administered to provide additional assurance that the breath tests were accurate when they were administered.
Air Blank A final Air Blank is done to clear the chamber.
At the conclusion of the testing procedure the 7110 produces a printed Alcohol Influence Report which contains all of the data about the entire test sequence. The printout sets forth the air blank and ambient air check, the temperature of the simulator solution, the IR and EC results of the control tests done at the beginning and end of the testing procedure, the volume of each breath sample, the flow rate of each breath sample, the IR and EC results of the breath samples tested reported to three decimal places and a composite breath alcohol result which is the lowest of the four readings (two IR and two EC), reported to two decimal places.
Please call me to discuss defenses to your case regarding this new machine.
I own one of these machines, and will be happy to demonstrate its operation to you, and discuss your case.
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