The CDLA August 2025 DUI Seminar - San Diego, CA
Articles and Bonus Materials:
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Breath Alcohol Concentration (BrAC) results are created when a test subject provides a sample that is suitable for analysis into a breath testing device. BrAC testing is predicated on the notion that standardized act, practices, and conditions are correctly followed in order to obtain accurate and reliable results. This article provides a quick introduction to the testing process, and some of the issues surrounding the reliability of reported results.
This first of three articles will provide a general overview of the operational characteristics of the Intoxilyzer 9000. We will additionally look at the apparent accuracy of the device using simulator readings, and examine the ability of the device to “flag” false positive reading caused by fresh mouth alcohol contamination. Parts 2 and 3 will examine the unit’s specificity towards ethanol detection and its ability to identify the presence of an interferent chemical, and the capacity of the device to detect Radio Frequency Interference.
The blood to breath ratio describes the difference between ethanol dissolved in the blood to ethanol exhaled in the breath at a given point in time. The blood to breath ratio currently used in North America assumes that 2100 parts of breath contain the same quantity of alcohol as 1 part of blood. Think of this statement as another way of saying the ethanol found in the blood is 2100 times more concentrated.
Before we get to the breath test procedures themselves, it is important to take a look at the testing environment in the first place. We can focus on three specific areas of concern: Room air, the electrical power to the breath testing device, and the potential for radio frequency interference.
This can look like a purely academic exercise, but it is important to understand how these devices identify a molecule (qualify the molecule) and take a measurement of its concentration (quantify the molecule). This will be an important component when we look at those chemicals that interfere with breath alcohol testing, creating false-positive BrAC readings.
Invalid samples constitute one of the most frequently encountered error messages generated during routine breath alcohol testing, yet are the error conditions most frequently mis-managed by breath test operators, often with devastating consequences for your client. Seriously, this article and the one on Deficient Samples should be considered part of your core curriculum in breath alcohol testing.
More than 270,000 bariatric surgeries were performed in the US alone in 2023. The studies would strongly indicate that bariatric surgery patients present with an abnormal medical condition that may inflate their BAC levels, sometimes four times what could be reasonably expected, given an insignificant and seemingly responsible consumption of alcohol. It appears that actual BAC levels are increased, not falsely inflated, as the result of the surgeries.
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The Recent Counterpoint Alcohol Calculations Article:
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In 2024, the AAFS released new guidelines into how alcohol calculations are to be performed in the forensic area - whether criminal or civil. The guidelines are drastically changed from the traditional Widmark calculations. They WILL impact your client in court.
This link will take you to the June 14, 2024 Webinar.
Click here to access the recent Counterpoint article on the new AAFS Alcohol Calculation guidelines
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Bonus Material:
Download a BAC Calculator you can use for your client intake:
| bac_chart.pdf |
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Continuous Alcohol Monitoring (CAM) programs have become a staple in court-ordered supervision... However:
1. Scientific assumptions are often flawed
2. Participants are not given the tools to succeed 3. Legal professionals are left reacting to problems 4. There’s no standardized participant education - relevant to the participants From a legal perspective, these failures raise major concerns...
... but, we have a solution...
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...MyCAMprogram was designed to change that. Built by forensic professionals...
The justice system depends on fairness, transparency, and evidence-based decision-making...
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Check out myCAMprogram.com
NOW IN FREE PREVIEW |
Past articles:
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Special Pricing for CDLA Members
Back issues of Counterpoint are available $30 USD off
OFFER EXPIRES September 15th, 2025
USE CODE "CDLA2025" to receive this discount!
Prices shown in US Dollars
Regularly $119 - ON SALE $89 USD
(Priced per Volume)
OFFER EXPIRES September 15th, 2025
USE CODE "CDLA2025" to receive this discount!
Prices shown in US Dollars
Regularly $119 - ON SALE $89 USD
(Priced per Volume)
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DUIDLA members receive Counterpoint FREE as an exclusive member benefit (A $119 USD per year value). You must be a defense lawyer or Public Defender to join the DUIDLA.
NEW - The DUI Investigations Mastery Series
Starting now with the Core Skills I Course, Counterpoint is proud to introduce our new mobile learning modules for the DUI Investigations Mastery Series. Our goal is to create an educationally valid core curriculum of critical information to enable you to master the technical and scientific skills necessary to effectively practice DUI casework. Core Skills II now available.
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CLICK HERE for more information on the program.
This program is EXCLUSIVE to current DUIDLA members. |
Download Bonus Seminar Material:
Emerging Issues in Breath Alcohol & Drug Testing
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Information about Jan Semenoff:
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The New York Times Expose on Breath Alcohol Testing
Video duration 9:23
Video duration 9:23
Written support materials and Counterpoint articles:
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| Breath Sample Suitability.pdf |
Start the conversation... Questions and answers will be posted below:
