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Virginia picked the cheapest breath test machine available to test its citizens

Bob Keefer went to Wyoming in June, 2008 to learn about the EC/IR II which Virginia decided to purchase to replace the dated, unstable and unreliable Intoxilyzer 5000. The government has gone on record reporting that the EC/IR II is no more accurate than the Intoxilyzer 5000.
In July, 2008 the Harrisonburg Intoxilyzer 5000 found a .60 bac in a subject who two hours later tested 0.00 bac on a blood test. Of course, no one could go from .60 a lethal dose of alcohol to a no alcohol whatsoever in two hours. The government just ignored this false positive and continued using that Intoxilyzer 5000 until it was replaced in November, 2008. The Intoxilyzer 5000 was broken just like the government admitted internally but denied under oath to the world.
Bob has now found problems with the EC/IR II. He witnessed a person with no alcohol in their system blow a 0.048 based on alcohol in the subject's mouth. False positives are not supposed to happen.
This gadget started out with a noble goal and failed. The EC/IR II was supposed to determine the subjects' breath alcohol content using two different methods: a fuel cell and an infrared technology. One of the basic principles of analytical chemistry is the each analysis such be corroborated by an independent, alternative method. Agreement between the two different analytical methods insures the reliability of the results. This internal corroboration would give the EC/IR II a distinct reliability advantage over devices utilizing only one technology.
Unfortunately, the gadget failed to coordinate the different analytical methods. For that reason, the device does not employ two independent alternative methods to measure alcohol concentration. Instead, it uses only the fuel cell to measure alcohol and determine blood alcohol content. The infrared is reportedly used to monitor breath sample quality and to detect mouth alcohol.
The fuel cell component does not have the ability to detect mouth alcohol. The fuel cell merely measures total concentration of alcohol present whether from lung air or mouth. Fuel cells change in sensitivity over time which requires more frequent calibrations than IR detectors. When the electrode microstructure changes it causes drift in the sensor baseline. That drift takes the EC out of sych with the IR detector. Recalibrations of the instrument every couple of weeks is very time consuming. Some states have resolved that issue by disabling the IR detector entirely. Once the IR detector is disabled the device has no capacity for detecting mouth alcohol.
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