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The measurand problem in breath alcohol testing.

Ted Vosk1, A Robert W Forrest, Ashley Emery

  • 1Attorney at Law, 8105 NE 140th Pl, Kirkland, WA, 98034.

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|February 8, 2014
PubMed
Summary

Forensic breath alcohol tests measure alcohol concentration, but legal definitions (measurands) vary by jurisdiction. This "measurand problem" can lead to misinterpreting results and undermining justice.

Keywords:
forensic breath alcohol testsforensic metrologyforensic sciencelegislationmeasurandmeasurement uncertainty

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Area of Science:

  • Forensic Science
  • Metrology
  • Toxicology

Background:

  • Breath alcohol testing is crucial for legal proceedings.
  • Accurate interpretation of forensic measurements is vital for justice.
  • Tests measure alcohol concentration, but the specific quantity (measurand) is legally defined.

Purpose of the Study:

  • To explain the concept of the measurand in breath alcohol testing.
  • To illustrate the 'measurand problem' and its implications.
  • To highlight how variations in measurand definitions can undermine legal evidence.

Main Methods:

  • Conceptual illustration of the measurand.
  • Application of Hlastala's breath test paradigm.
  • Integration of Gullberg's work on breath test uncertainty.

Main Results:

  • Identical numerical breath alcohol test results can represent different quantities across jurisdictions.
  • Statutory definitions of the measurand vary, leading to potential misinterpretation.
  • Failure to account for the correct measurand compromises evidence-based conclusions.

Conclusions:

  • The definition of the measurand is critical for accurate breath alcohol testing interpretation.
  • Jurisdictional differences in measurand definitions pose a significant challenge.
  • Proper accounting for the measurand is essential to validate forensic evidence.