Sunday 25 September 2016

#Capt Upendra -Ref Observer and comments by this Author bigger fonts Ref Observer and comments by this Author bigger fonts

#Capt Upendra -Ref Observer and comments by this Author  bigger fonts
Ref Observer and comments by this Author  bigger fonts
Gap in pre-flight crew testing
by Anurangi Singh
Strict crew testing before flights for substance abuse is not done by Sri Lanka-based airlines, nor is it required by the local civil aviation regulator, the Sunday Observer has learned when following up the SriLankan Airlines' drunken(what is the definition of drunk, who is this brilliant Capt. 16000 OF FLAWLESS flying with  national carrier)being crucified with no official results given to the Captain, Are the laboratories accredited with DC OR SRILANKAN) pilot incident reported last week. Airline industry sources acknowledged that in neighbouring India, the national civil aviation regulator enforces pre-flight testing on all flights within and from India. The local regulator here insisted such constant testing was not essential.

The furore over the 15-hour delay of the 270-passenger SriLankan Airlines flight UL554 from Frankfurt, Germany, due to pilot drunkenness has raised questions over the need for stricter flight safety and security procedures for Sri Lanka-based operators.
Should pilots and other crew be regularly tested for substance-use before every flight?
In the Frankfurt incident, the flight's safety was not compromised, airline officials are quick to point out, since the other airline flight crew responded in time by identifying the pilot's condition correctly and quickly activating necessary procedures to deal with the situation. The pilot was grounded and substitute officers found to enable the flight to proceed, although after much delay. But, industry sources acknowledged the potential risks, had the pilot taken control of the aircraft in his inebriated condition.
Sri Lankan air line patting their own back making a mountain of a molehill When media is banned under company rule. It is the normal airline to keep away from media with internal lapse if any BUT NOT IN THIS INSTANCE. After all such reporting is destructive to the airline.
The August 19, 2016 flight UL 554 was scheduled to depart Frankfurt at 1.20 p.m. carrying over 250 passengers and crew. The first officers who noticed that the captain was acting different and not in a position to carry out his duties, immediately reported to the chief pilot who was in charge. Ultimately, steps were taken to remove the pilot from his duties immediately. SriLankan Airlines, commenting on its own conduct gave themselves a big 'pat on the back' at the press briefing held on Thursday 25 August.
Capt UPENDRA HAS NEVER BEEN GIVEN AN OPPORTUNITY TO SAY WHAT HE HAS TO SAY NOT EVEN THE ORIGINAL SUPPOSED LAB REPORT OF THE TEST, OTHER  THAN JUST A STATEMENT above the limit ! is this professionalism.?THE TEST RESULTS ARE THE BASIS OF THIS WHOLE EPISODE BUT NEVER SHOWN.WAS THIS LAB AN ACCREDITED BY SRI LANKAN – ?  WHAT IS THE NAME OF THE LAB?
Your national carrier did a remarkable job; it was an unfortunate incident, but, did extremely well given the situation.
"We are proud the way that we handled it. We did what was right. Safety was never compromised. We did the right thing by our passengers, by the nation," said Saminda Perera, General Manager, Marketing for SriLankan Airlines.
Unfortunately this is not so going by the facts of who is this CO PILOT WHO first reported Capt Upendra who first assumed  Capt Upendra is unfit to travel certainly not the German official as was stated before.
Pilots are evaluated every six months. They are tested rigorously and evaluated by way of written exams, stimulated performances and interviews to gauge their mental status. "There is no other profession where professionals are required to face examinations annually or every six months. They are hardly required to visit the books or curriculum after graduation. But, we are examined and scrutinized at every possible point," said Cpt Ranga Amadoru, management pilot, who has been with SriLankan for 16 years.
Safety regulations pertaining to the tech crew and the cabin crew, and other safety measures are introduced and regulated by the Civil Aviation Authority of Sri Lanka. One such regulation recommendation is SLCAIS-035: "Prohibition of use of alcohol or psychoactive substances by personnel holding Licence, Rating or Certificates issued by Director General of Civil Aviation to engage in safety and/or sensitivity activities relating to civil aviation." This aims at preventing the use of alcohol or psychoactive substances by licensed or certified personnel engaged in activities sensitive to flight safety and/or security, including training either in an aircraft or any synthetic devise, for the promotion of safety and/or security in air transportation.
This regulation states; "if he or she has consumed alcoholic beverages within eight hours prior to reporting for duty or while on duty and if alcohol concentration of 0.04% or greater in a blood or breath specimen is found. The alcohol concentration means the grams of alcohol per decilitre of blood or grams of alcohol per 210 litres of breath."
SriLankan Airlines has adopted two systems of measures to ensure safety, namely, 'Safety Management System' (SMS) and 'Corporate Resource Management' (CRM). Captain Amadoru went on to say that the company has an open culture where anyone who has a concern can take it up with even their immediate superior. For example, what the First Officer did at this instance and quite rightly informed the relevant officials within Sri Lankan Airlines. BUT THE MOTIVE WAS QUESTIONABLE. BESIDE WHY AND HOW DID HE MANAGE A WORLD WIDE MEDIA BLITZ BREAKING THE COMPANY RULE –NO MEDIA. Before  sri lankan air line pilots like the one currently under investigations Captain Jayasekera  THERE WAS not an ounce of media reporting. That’s the way in all air lines  DO  as this KIND OF  media blitz is destructive to the air line business and credit to co pilot who is desperately trying to move up the ladder. Since first report so many contradicting stamen have been made by so many spokesmen. Reflecting the poor culture of the Air Line.
IT IS co-pilot going to town pawning Capt. Upendra ,supported by high up flight manageR in Colombo who was also featured in weliamuna report. Now he is getting back with equal or more force about his episodes with in flight stewardess that is on air going viral.
Despite having numerous regulations and safety measures in place, we were faced with the incident which took place at Frankfurt. Then, one needs to ask the question whether we have enough safety measures in place, he said.
When contacted, the Director General of the Civil Aviation Authority (DGCA) H.M.C Nimalsiri, said, owing to the administrative nature of his role it was impractical for him to engage in detailed security measures, but to provide regulations and regularly monitor it. "As DGCA I'm only responsible for the administrations and issuance of licence to pilots. In that respect I look at the age, knowledge, experience, skill and medical aspect and constantly monitor that."
Captain Upendra 1600 hours of flaw less flying indeed an asset to the nation and Sri Lanka added with absolute loyalty to Sri Lanka and the nation at larger ,proven by the fact he did not take part nor succumb to the head hunting exercise  carried by other airlines.
When questioned as to whether the breathalyzer test should be made mandatory he said, it was not practical to put the whole population of pilots to test for the mistakes of one or two pilots.
"No, we can't make the breathalyzer mandatory. In fact if you look at the population it's only about 3 percent of Pilots who engages in such activities and behaviour. All others exercise their duties with a level of responsibility and dignity. Just because one or two deviate from the rule, and based on that if we start putting everyone under the breathalyzer test we would be over-doing our regulatory functions. Safety is the responsibility of all. The DGCA alone cannot maintain safety, everyone must contribute to safety. We basically ensure system safety to them and continuously monitor the safety management system, and report and develop a reporting culture. It was through such culture that this incident was reported. Usually, a co-pilot would not dare to report on the captain as they fall subordinate to the captain. Here, we must admire that the first officers had the courage to report when they saw that something not right was happening." The DGCA said. A questionable courage not sincere for the benefit of the airline but for the self-benefit of seeking promotion as seen confirmed by
1-this copilot was featured I Welliamuna commission as part of …….in Evidence given by captain Upendra.
Public accountability
He went on to say that all pilots should have a sense of responsibility as they hold a very conscientious job. "They are responsible citizens and have to behave with a sense of responsibility. There's hardly anything we can do at such instances. We have given licence to people who are over the age limit of 22. They should have a sense of responsibility and public accountability and exercise their freedom or licence. If they act differently and are caught we will deal with them, but it's difficult to take any action on suspicion."
In a survey carried out in India it was reported that within a span of five years, between 2009 and Feb 2014, a total of 165 pilots across the country were found to have high blood alcohol levels at the time they reported for duty. Following this, the Indian Aviation Authorities decided to make the breath-analyzer mandatory for every pilot. This has no relevance to today’s events in Colombo
Civil Aviation Requirement Section 5 - Air Safety Series F Part III Issue III, which came to effect on 4 August 2015 states; "The operator/crew member/maintenance personnel shall ensure that there is no contravention of Rule 24 of the Aircraft Rules 1937 by conduct of breath-analyzer examination before operation of flights in India as well as outside India."this is Sri Lanka Hence not relevant
The regulations further provide for a situation where it is not available to carry out the tests prior to flight, they should undergo the test soon after landing; "For operators other than the scheduled operators, each flight crew and cabin crew of all flights originating from India shall be subjected to pre-flight breathalyzer examination. However, where infrastructure does not exist, the flight crew and cabin crew shall undergo post-flight breath-analyzer examination. In case the flight crew and cabin crew are away from base station for more than two days and operates a flight from there, the operator shall provide facility for conduct of their pre-flight breath-analyzer examination, which may include Govt./Govt. licensed private hospitals located at the airport or in the city. Such facilities shall be subjected to periodic checks by the DGCA."
Such regulations, although can be thought as an extra work or inconvenience on some of the personnel who don't deserve such scrutiny, should be weighed against the consequences that may occur in the event if such procedures are not in place.
Before Captain Jayasekera  (who is in suspension now ) refused breathalyser test but there was never a media blitz. Now coming t light due to media blitz of Capt Upendra why the discrimination?
#Captain Upendra is not  Guilty. till a  valid court gives such declaration  . Then why is this  media blitz by the national air line describing him as a drunk as unfit for work etc
Why ?the procedure of Breathalyzer was faulty Not in conformity with procedure  of international standard in the absence of sri Lankan air line standards or DC  acts
The test will be conducted in the airline’s Flight Control Centre at the airport with the Ground Safety Manager as witness. If a pilot's blood alcohol level is then found to be above the legal alcohol limit, he or she would then be escorted to a designated private hospital by security personnel. There is also provision for the pilot to visit another approved hospital for a third Breathalyzer test to verify the results of the previous examinations.
#Captain Upendra is  not guilty as proper  Breathalyzer test was not carried out. IT WAS FLAWED
MORE ON CAPT UPENDRA
MORE ON CAPT  UPENDRA RANAWEERA

JOINED AS STEWARD 1984


DIDNT SEEK  EMIRATES LIKE HUNDREDS OF OTHERS.
REMAINED AS A STEWARD TO TRAIN & BECOME A PILOT DURING MORE DIFFICULT DAYS IN SRI LANKA


MANY OPPORTUNITIES TO GO ABROAD BUT STAYED AT DIFFICULT TIMES AT UL


32 YRS AT UL ,27  YEARS AS PILOT  HOLDING MANY POSTS INCLUDING MANAGEMENT


EXPOSED CORRUPTION FEARLESSLY TO WELIAMUNA COMMISSION
WITH IT MANY ENEMIES

MANY TRAINING COURSES & RECENT MBA FIRST CLASS HONORS


WAS EVEN INTERVIEWED FOR HEAD OF FLIGHT OPERATIONS
NO GERMAN AUTHORITIES APPREHENDED AT AIRPORT AS PUBLISHED

BUT SRILANKAN ENGINEERED IN A PREJUDICED MANNER

Saturday 24 September 2016

#captain upendra a victim-there are no accredited lab deatils by Sri Lanka nor DC in Sri Lanka-dirty politics inside #Sri Lankan air lines


#Captain Upendra IS SITTING a -gentleman like- with  response to media queries observing company  rules  While Copilot and..UL is continuing the with  a barrage of defamatory news to media against the  rules  laid   by  #Sri Lankan air line- NO MEDIA
#dirty politics inside #Sri Lankan air lines



have been combing for days to read accredited labs by Sr Lanka to test cabin crew in Frankfort but could not find .this is the  CIVIL ACT act of DC  BUT NO DETAILS PRESENT.

http://www.srilankalaw.lk/Volume-II/civil-aviation-act.html

without such  predefined labs/methods/procedure  given to the crew where  they can be tested for breathalyzer etc whole episode beocme questionable. !

Media  blitz against captain Upendra is uncivilised damaging his brilliant reputation of 16000 of flawless piloting.


not even the laboratory tests are available for us to scrutinise.

# brilliant captain Upendra and Sri Lankan air line pilots are continuing their work-to-rule action launched this week in support of Captain Jayasekera

SEPT   2016
plane-aero plane fyinr.jpgbrilliant captain Upednra and Sri Lankan air line pilots are continuing their work-to-rule action launched this week in support of Captain Jayasekera


pilots are continuing their work-to-rule action launched this week in support of Captain Jayasekera
pilots are continuing their work-to-rule action launched this week in support of Captain Jayasekera. The Guild said that the SriLankan Airlines management had not held any discussions with the pilots in this regard.
“We are not working on our off-days and we are not extending our duty hours,” the Guild's President Renuke Senanayake said. “We are doing only our rostered flights and will continue till there is a solution.”

#Captain Upendra is not  Guilty.

Why ?the procedure of Breathalyzer was faulty Not in conformity with

The test will be conducted in the airline’s Flight Control Centre at the airport with the Ground Safety Manager as witness. If a pilot's blood alcohol level is then found to be above the legal alcohol limit, he or she would then be escorted to a designated private hospital by security personnel. There is also provision for the pilot to visit another approved hospital for a third Breathalyzer test to verify the results of the previous examinations.

#Captain Upendra is  not guilty as proper  Breathalyzer test was not carried out.

More it is prohibited to make any media report on internal matters of this nature by individuals, Yet in the case of  # Captain Upendra, It was not only a media announcement but a  campaign  worldwide a  new distribution probably done by the …. officer who was a student of Captain Upendra some time Back.
Please be professional before making wild allegations as #Captain Upendra is par excellent Pilot  a national asset and asset to Sri Lankan too. May he  be treated with some respect  for his accident free exceptional performance for several   decades and more with Sri Lankan the airline he love to serve.
He is probably the only Capital amply qualified with a Honoured MBA too. A caring father, husband and son.
Captain Upendra is not  Guilty. He could reported sick and avoid

On #Breathalyzer  test
More  Breathalyzer  does not reveal  blood alcohol content only mouth alcohol content. There are  many food that generate alcohol in the mouth. The statement of visibly drunk  may have  to come from some with eye/mind lapse  a  kind coordination defect Image in the  mind is different to  actually what he has seen.- a kind of disorientation lapse.

Captain Upendra boas 16000+ hours  of flying  experience, Touch wood no accident snot even near accidents nor any kind of notable  negligence that jeopardise passenger safety. After all he is a responsive father, and caring husband. Loving son supporting an ailing mother in all.in true Asian style of filial piety.
He is forthright in his ways hence trampling of toes during the recent presentation in Air line commission. Concluded


Author--
an aviation enthusiast who has been fascinated with aviation since childhood day. How a such huge thing get airborne ,Amazing pilot  skills of spatial orientation etc
Bloomed after the  missing jet incident  of Upali WIjewardena IN 1983  and RECENT PAST disappeared MH 370 .Both took off  from Malaysia Latter is suspected Captain error

MH 370 is a total disorientation of flight path almost  in  opposite direction. Could not find a any part of the huge aircraft while TINY-Upali jet parts were found

#Captain Upendra is not Guilty.

#Captain Upendra is not  Guilty.

Why ?the procedure of Breathalyzer was faulty Not in conformity with

The test will be conducted in the airline’s Flight Control Centre at the airport with the Ground Safety Manager as witness. If a pilot's blood alcohol level is then found to be above the legal alcohol limit, he or she would then be escorted to a designated private hospital by security personnel. There is also provision for the pilot to visit another approved hospital for a third Breathalyzer test to verify the results of the previous examinations.

#Captain Upendra is  not guilty as proper  Breathalyzer test was not carried out.

More it is prohibited to make any media report on internal matters of this nature by individuals, Yet in the case of  # Captain Upendra, It was not only a media announcement but a  campaign  worldwide a  new distribution probably done by the …. officer who was a student of Captain Upendra some time Back.
Please be professional before making wild allegations as #Captain Upendra is par excellent Pilot  a national asset and asset to Sri Lankan too. May he  be treated with some respect  for his accident free exceptional performance for several   decades and more with Sri Lankan the airline he love to serve.
He is probably the only Capital amply qualified with a Honoured MBA too. A caring father, husband and son.
Captain Upendra is not  Guilty. He could reported sick and avoid

On #Breathalyzer  test done without following procedure and in a lab not accredited by UL  nor DC
More  Breathalyzer  does not reveal  blood alcohol content only mouth alcohol content. There are  many food that generate alcohol in the mouth. The statement of visibly drunk  may have  to come from some with eye/mind lapse  a  kind coordination defect Image in the  mind is different to  actually what he has seen.- a kind of disorientation lapse. That was from  ambitious co pilot

Captain Upendra boas 16000+ hours  of flying  experience, Touch wood no accident snot even near accidents nor any kind of notable  negligence that jeopardise passenger safety. After all he is a responsive father, and caring husband. Loving son supporting an ailing mother in all.in true Asian style of filial piety.
He is forthright in his ways hence trampling of toes during the recent presentation of Air line commission. Concluded


Author--
an aviation enthusiast who has been fascinated with aviation since childhood day. How a such huge thing get airborne ,Amazing pilot  skills of spatial orientation etc
Bloomed after the  missing jet incident  of Upali WIjewardena IN 1983  and RECENT PAST disappeared MH 370 .Both took off  from Malaysia Latter is suspected Captain error

MH 370 is a total disorientation of flight path almost  in  opposite direction. Could not find a any part of the huge aircraft while TINY-Upali jet parts were found

#Capt Upendra and his ambitious Co pilot AS

#SriLankan Pilot ‘Mentally Down’ After Sex-Selfie Video Goes Viral; Passenger Safety Compromised-- CO PILOT WHO TOOK OVER RESPONSIBILITY BY DECLARING HIS CAPTAIN UNFIT.under -hallucination-probably


Karma- what you give you get in equal force
Co pilot is getting back with full force. Why ?
1-     I t  is not German who first initiated ( not the German as he declare) anything  but the co-pilot hungry for promotion and to overtake his boss since student days. Not legitimately but by …
2-     Up to this day no details of   report of the Breathalyser test is given to any
3-     The lab is not accredited by UL  nor DC
4-     Procedure was wrong
5-     Why the media blitz worldwide when it is banned  as a rule by UL
6-     This is one side while UL continue to issue contradicting statements to media Captain Upendra kept away silently. Never has he given a chance to  defend

7- Captain Upendra 16000 hours of flaw less flying indeed an asset to the nation and Sri Lanka added with absolute loyalty to Sri Lanka and the nation at larger ,proven by the fact he did not take part nor succumb to the head hunting exercise  carried by other air lines.
A questionable courageof co-pilot not sincere,not for the benefit of the airline but for , self-benefit of seeking promotion as seen confirmed by
-this copilot was featured I Weliamuna commission as part of …….in Evidence given by captain Upendra

BUT THE MOTIVE WAS QUESTIONABLE. BESIDE WHY AND HOW DID HE MANGE A WORLD WIDE MEDIA BLITZ BREAKING THE COMPANY RULE –NO MEDIA. Before  sri lanka air line pilots like the one currently under investigations Captain Jayasekera  THERE WAS not an ounce of media reporting. That’s the way in all air lines  DO  as this KIND OF  media blitz is destructive to the air line business and credit to co pilot who is desperately trying to move up the ladder. Since first report so many contradicting stamen have been made by so many spokesmen. Reflecting the poor culture of the Air Line.
IT IS co-pilot going to town pawning Capt. Upendra ,supported by high up flight manager in Colombo who was also featured in weliamuna report. Now he is getting back with equal or more force about his episodes with in flight stewardess that is on air going viral.
Captain Upendra morally exemplary a responsible husband a responsible father and son who care for ailing 80 year  old  mother and ailing 85 year old Nandamma.
One would not expected this from normal male in today’s world .Besides how many have risen from steward to captain on the way holding many other post is sri Lankan airline with flaw less 16000 flying hours.
Wait  for the dirty linen when the victim start seeking compensation in millions for damaging  irrevocably  by irresponsible media reporting by UL  a-- fine reputation even before conviction.-Captain Upendra 16000 hours of flaw less flying with UL


Tuesday 20 September 2016

#DRONE operations IN SRI LANKA OPERATION BY DAMARU

. A pilotless aircraft with a gross mass of less than 1 kg may be operated without approval from the Director General of Civil Aviation if it is operated for leisure or education purposes at a private premise with the consent of the property owner or at public places which are clearly identified for the purpose, with due regard to safety of persons and property

Pilotless aircraft is operated strictly within the premises owned by the owner of the aircraft





for more go---------------

http://www.caa.lk/images/stories/pdf/implementing_standards/sn053.pdf

Democratic Socialist Republic of Sri Lanka Civil Aviation Authority of Sri Lanka Implementing Standards (Issued under Sec. 120, Civil Aviation Act No. 14 of 2010) Title: Requirements forOperation of PilotlessAircraft (Unmanned Aerial Vehicles/Remotely PilotedAircraft) Reference No. : CA-IS-2016-GEN-001 SLCAIS : 053 Date: 25th February 2016 Pursuant to Sec.120 of the Civil Aviation Act No.14 of 2010 which is hereinafter referred to as the CA Act, Director General of Civil Aviation has the power to issue, whenever he considers it necessary or appropriate to do so, such Implementing Standards for the purpose of giving effect to any provision in the CA Act, Regulations or Rules made thereunder including the Articles of the Convention on International Civil Aviation specified in the Schedule to the CA Act. Accordingly I, being the Director General of Civil Aviation do hereby issue the Implementing Standards as mentioned in the Attachment hereto (Ref: CA-IS-2016-GEN-001-Att.01, titled Requirements applicable for Operation of Pilotless Aircraft–(Unmanned Aerial Vehicles /Remotely Piloted Aircraft)) that shall be complied with when operating pilotless aircraft under the provision of Section 80 of the CA Act, Article 8 of its Schedule or the applicable International Standards and Recommended Practices specified in Appendix 4 of Annex 2 to the Convention. Attention is also drawn to Section 103 of the CA Act, which states inter alia that failure to comply with Implementing Standard is an offence. Civil Aviation Authority of Sri Lanka 04, Hunupitiya Road Colombo 02. H.M.C. Nimalsiri Director General of Civil Aviation and Chief Executive Officer Enclosure: Attachment No. CA-IS-2016-GEN-001-A

http://www.avitop.com/aviation/avitop.asp  TOP AVIATION 100

Breathalyzer by damaru

OriginsEdit

In 1967 in Britain, William 'Bill' Ducie and Tom Parry Jones developed and marketed the first electronic breathalyser. They established Lion Laboratories in Cardiff. Bill Ducie was a chartered electrical engineer and Tom Parry Jones was a lecturer at UWIST. .[8] The Road Safety Act 1967 introduced the first legally enforceable maximum blood alcohol level for drivers in the UK, above which it became an offence to be in charge of a motor vehicle; and introduced the roadside breathalyser, made available to police forces across the country.[9] In 1979, Lion Laboratories' version of the breathalyser, known as the Alcolyser and incorporating crystal-filled tubes that changed colour above a certain level of alcohol in the breath, was approved for police use. Lion Laboratories won the Queen's Award for Technological Achievement for the product in 1980, and it began to be marketed worldwide.[8] The Alcolyser was superseded by the Lion Intoximeter 3000 in 1983, and later by the Lion Alcolmeter and Lion Intoxilyser.[10] These later models used a fuel cell alcohol sensor rather than crystals, providing a more reliable curbside test and removing the need for blood or urine samples to be taken at a police station. In 1991, Lion Laboratories was sold to the American company MPD, Inc.[8]

ChemistryEdit

Law enforcementEdit

Public and private consumer useEdit

Breath test evidence in the United StatesEdit

The breath analyzer reading will be offered as evidence of that crime, although the issue is what the BrAC was at the time of driving rather than at the time of the test. Some jurisdictions, such as the State of Washington, now allow the use of breath analyzer test results without regard as to how much time passed between operation of the vehicle and the time the test was administered. The suspect will also be charged with driving under the influence of alcohol (sometimes referred to as driving or operating while intoxicated). While BrAC tests are not necessary to prove a defendant was under the influence, laws in most states require the jury to presume that he was under the influence if his BrAC is found and believed to be over 0.08 (grams of alcohol/210 liters breath) when driving. In California, this is once again demonstrated by California Vehicle Code Section 23152(b) and Cal-Crim 2111, which states: "If the People have proved beyond a reasonable doubt that a sample of the defendant's (blood/breath/urine) was taken within three hours of the defendant's [alleged] driving and that a chemical analysis of the sample showed a blood alcohol level of 0.08 percent or more, you may, but are not required to, conclude that the defendant's blood alcohol level was 0.08 percent or more at the time of the alleged offense." This creates a rebuttable presumption, which means it is presumed, but that presumption can be rebutted if a jury finds it unreliable or if other evidence establishes a reasonable doubt as to whether the person actually drove with a breath or blood alcohol level of 0.08% or greater. This would not apply to States that have done away with the presumption, such as the State of Washington, as previously referenced.
Historically, states initially tried to prohibit driving with a high level of BAC, and a BrAC test result was merely presented as indirect evidence of BAC. Where the defendant had refused to take a subsequent blood test, the only way the state could prove BAC was by presenting scientific evidence of how alcohol in the breath gets there from alcohol in the blood, along with evidence of how to convert from one to the other. DUI defense attorneys frequently contested the scientific reliability of such evidence.[15] In response, many states like California subsequently modified their BAC statutes so to directly prohibit a certain level of alcohol in the breath as an alternative to a prohibited level of BAC. In other words, the breath test result itself, the BrAC level, became the direct predicate evidence for conviction.

Common sources of errorEdit

CalibrationEdit

Non-specific analysisEdit

Infrared-based breath analyzers project an infrared beam of radiation through the captured breath in the sample chamber and detect the absorbance of the compound as a function of the wavelength of the beam, producing an absorbance spectrum that can be used to identify the compound, as the absorbance is due to the harmonic vibration and stretching of specific bonds in the molecule at specific wavelengths (see infrared spectroscopy). The characteristic bond of alcohols in infrared is the O-H bond, which gives a strong absorbance at a short wavelength. The more light is absorbed by compounds containing thealcohol group, the less reaches the detector on the other side—and the higher the reading. Other groups, most notablyaromatic rings and carboxylic acids can give similar absorbance readings.[18]

Interfering compoundsEdit

Homeostatic variablesEdit

Breath analyzers assume that the subject being tested has a 2100-to-1 partition ratio in converting alcohol measured in the breath to estimates of alcohol in the blood. If the instrument estimates the BAC, then it measures weight of alcohol to volume of breath, so it will effectively measure grams of alcohol per 2100 ml of breath given. This measure is in direct proportion to the amount of grams of alcohol to every 1 ml of blood. Therefore, there is a 2100-to-1 ratio of alcohol in blood to alcohol in breath. However, this assumed partition ratio varies from 1300:1 to 3100:1 or wider among individuals and within a given individual over time. Assuming a true (and US legal) blood-alcohol concentration of .07%, for example, a person with a partition ratio of 1500:1 would have a breath test reading of .10%—over the legal limit.
Most individuals do, in fact, have a 2100-to-1 partition ratio in accordance with William Henry's law, which states that when the water solution of a volatile compound is brought into equilibrium with air, there is a fixed ratio between the concentration of the compound in air and its concentration in water. This ratio is constant at a given temperature. The human body is 37 degrees Celsius on average. Breath leaves the mouth at a temperature of 34 degrees Celsius. Alcohol in the body obeys Henry's Law as it is a volatile compound and diffuses in body water. To ensure that variables such as fever and hypothermia could not be pointed out to influence the results in a way that was harmful to the accused, the instrument is calibrated at a ratio of 2100:1, underestimating by 9 percent. In order for a person running a fever to significantly overestimate, he would have to have a fever that would likely see the subject in the hospital rather than driving in the first place. Studies suggest that about 1.8% of the population have a partition ratio below 2100:1. Thus, a machine using a 2100-to-1 ratio could actually overestimate the BAC. As much as 14% of the population has a partition ratio above 2100, thus causing the machine to under-report the BAC. Further, the assumption that the test subject's partition ratio will be average—that there will be 2100 parts in the blood for every part in the breath—means that accurate analysis of a given individual's blood alcohol by measuring breath alcohol is difficult, as the ratio varies considerably.

Mouth alcoholEdit

Other than recent drinking, the most common source of mouth alcohol is from belching or burping[citation needed]. This causes the liquids and/or gases from the stomach—including any alcohol—to rise up into the soft tissue of the esophagus and oral cavity, where it will stay until it has dissipated. The American Medical Association concludes in its Manual for Chemical Tests for Intoxication (1959): "True reactions with alcohol in expired breath from sources other than the alveolar air (eructation, regurgitation, vomiting) will, of course, vitiate the breath alcohol results." For this reason, police officers are supposed to keep a DUI suspect under observation for at least 15 minutes prior to administering a breath test. Instruments such as the Intoxilyzer 5000 also feature a "slope" parameter. This parameter detects any decrease in alcohol concentration of 0.006 g per 210 L of breath in 0.6 second, a condition indicative of residual mouth alcohol, and will result in an "invalid sample" warning to the operator, notifying the operator of the presence of the residual mouth alcohol. PBT's, however, feature no such safeguard.

Testing during absorptive phaseEdit

Absorption of alcohol continues for anywhere from 20 minutes (on an empty stomach) to two-and-one-half hours (on a full stomach) after the last consumption. Peak absorption generally occurs within an hour. During the initial absorptive phase, the distribution of alcohol throughout the body is not uniform. Uniformity of distribution, called equilibrium, occurs just as absorption completes. In other words, some parts of the body will have a higher blood alcohol content (BAC) than others. One aspect of the non-uniformity before absorption is complete is that the BAC in arterial blood will be higher than in venous blood. Other false positive of high BAC and also blood reading are related to Patients with proteinuria and hematuria, due to kidney metabolization and failure. The metabolization rate of related patients with kidney damage is abnormal in relation to percent in alcohol in the breath. However, since potassium dichromate is a strong oxidizer, numerous alcohol groups can be oxidized by kidney and blood filtration, producing false positives.[23]

Retrograde extrapolationEdit

Photovoltaic assayEdit

Breath analyzer mythsEdit

Products that interfere with testingEdit