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Breathalyzer Source Code Revealed

Nonillion writes "New Jersey attorney Evan M. Levow was finally able to get an order from the Supreme Court of New Jersey forcing the manufacturer of the popular Draeger AlcoTest 7110 to reveal the source code. Levow turned the code over to experts, Base One Technologies, to analyze. Initially, Base One found that, contrary to Draeger's protestations that the code was proprietary, the code consisted mostly of general algorithms: 'That is, the code is not really unique or proprietary.' In other words, the 'trade secrets' claim which manufacturers were hiding behind was completely without merit." Following up an earlier discussion here, the state of Minnesota has (without explanation) missed a deadline to turn over the code for a different breathalyzer.

83 of 501 comments (clear)

  1. "code" is probably in the hardware by Gothmolly · · Score: 2, Interesting

    The "code" probably digests an 8 bit unsigned char output of a A/D converter, a signal from the "alcohol detecterizer chip", the innards of which are probably proprietary. Then, if [quantized signal] is greater than X, then light the yellow light, if greater than [X+Y], light the red light and make a beep sound.

    --
    I want to delete my account but Slashdot doesn't allow it.
    1. Re:"code" is probably in the hardware by MBCook · · Score: 5, Informative

      You don't seem to have read the "article", but then again this is /.

      Even in such a simple case there are many things it should be testing. Is the A/D output sane? Does it take 3 quick samples while someone is blowing and average them or just take it once (which could be wrong for some reason)?

      According to the article, it doesn't look like it does. It calibrates the wind sensor, but doesn't check that the calibration is sane. It doesn't report errors unless they happen 32 times in a row. It disables the watchdog timer. It disables the interrupt for illegal instructions. It doesn't meet any coding standards. It contains code with things like "this is temporary for now" in it.

      There is an obvious reason why they didn't want the code released.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    2. Re:"code" is probably in the hardware by Nos. · · Score: 5, Informative
      Well, looks like its a bit more than that (FTA):
      • Several sections are marked as "temporary, for now"
      • Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range
      • The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations. No quality check or reasonableness test is done on this measurement
      • It would fail software standards for the (FAA) and (FDA), as well as commercial standards used in devices for public safety
      What is this thing, alpha?
    3. Re:"code" is probably in the hardware by MenTaLguY · · Score: 3, Informative

      Well, it's not as if the article was Slashdotted at the time. :) I think it's fair to gripe about hand-waving dismissals if their rebuttal is already in the very article being dismissed.

      --

      DNA just wants to be free...
    4. Re:"code" is probably in the hardware by daeg · · Score: 4, Insightful

      It's a device intended to nab as many people as possible. The more people it "saves" from being killed by drunk driving the better. Accuracy doesn't matter, legal limits don't matter. ZOMG ALCOHOL!!! = Jail. Fines. Moral superiority. If police departments actually intended to serve the public, they'd come up with a more reliable system subject to completely public scrutiny and be glad to instill public trust in their methods by doing so.

      Flip it to another tool used for criminal convictions: if DNA were a public, proprietary process through only two or three companies nationwide and they refused to show anyone how it worked, would you trust them? Absolutely not.

    5. Re:"code" is probably in the hardware by Marxist+Hacker+42 · · Score: 4, Informative

      It's even worse than that. The A/D converter is hooked up to a chamber, which at one time held a known amount of air. An infrared light source is at one end of the chamber, a photovoltaic cell at the other. The A/D converter reads the photovoltaic, they multiply it by the magic 2100 number (which is truly a magic number- it's based on an average and can really range from 1300 to 3000) and spit out the answer.

      This is why it's always vitally important to get a true blood test, and to preserve a sample for your attorney.

      --
      SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
    6. Re:"code" is probably in the hardware by Hucko · · Score: 2, Insightful

      Raise the standard, begin with you.

      --
      Semi-automatic amateur armchair Australian philosopher; conjecture ready at any moment...
    7. Re:"code" is probably in the hardware by el+americano · · Score: 2, Informative

      This is why it's always vitally important to get a true blood test, and to preserve a sample for your attorney.

      On the contrary, insist on the breathalyzer and contest the results if you fail. If you fail the blood test, you're screwed.

      --
      Those are my principles. If you don't like them I have others. -Groucho Marx
    8. Re:"code" is probably in the hardware by cayenne8 · · Score: 4, Informative
      "On the contrary, insist on the breathalyzer and contest the results if you fail. If you fail the blood test, you're screwed."

      I've posted this type info before...on other stories, but, depending on the state you are in, if you know you're gonna blow over the limit....refuse ALL tests...don't blow anything, don't give blood....and for God's sake...don't get out and try the field sobriety tests. All those do, is let the cops collect evidence to be used against you. According to my atty....he said you know you're going to jail no matter what...don't help them gather evidence from you. Just don't say anything, and put your hands out for the cuffs. And call the lawyer immediately....

      I know if varies from state to state...but, in many (maybe most) you probably will lose your license automatically for a year, but, can often get a hardship license for getting to work, food, etc. You may get a reckless driving...but, at least it isn't a DWI. That can hurt your credit, and job possibilities in this day of the MADD witchhunt. The new ridiculously low BAC forced by the feds (0.08) can get you nailed even if you are fine to drive.

      Anyway, if you like to have a drink out at all...you should know the laws of your state...and be prepared...

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    9. Re:"code" is probably in the hardware by cayenne8 · · Score: 3, Interesting
      "What programming bug would you use to explain a picture with you in the middle of an intersection, red light clearly shown on the photo and drivers on the cross road edging forward after seeing a green light?"

      To prove the photo was legit...not double exposed maybe (taken when yellow, but, redlight shown), to make sure the yellow light was sufficiently long (there have been cases showing that yellow lights were shortened on purpose to generate more fine revenue)....things along that line.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    10. Re:"code" is probably in the hardware by letxa2000 · · Score: 3, Insightful

      Anyway, if you like to have a drink out at all...you should know the laws of your state...and be prepared...

      Or just think ahead and don't drink if you're planning on navigating a massive structure weighing thousands of pounds down a highway with fellow human beings. Have a designated driver. Walk home. Take a cab. Driving isn't your only option.

      Rather than making this an exercise in what you can get away with within the law, make it an exercise in personal responsibility in regards to your fellow man.

    11. Re:"code" is probably in the hardware by letxa2000 · · Score: 5, Insightful

      Even in such a simple case there are many things it should be testing. Is the A/D output sane? Does it take 3 quick samples while someone is blowing and average them or just take it once (which could be wrong for some reason)?

      I have an even more important question: Does the friggin' device work? I agree that reading through the observations, the code doesn't instill confidence. But the real important question is whether or not it works. There must be some requirement as to how many false positives/negatives are allowed because no matter how good your code, nothing is infallible. So what is the requirement in terms of acceptable false positives and/or false negatives, and does the device meet that requirement?

      Is there is a real and legitimate belief that this device doesn't work? Or is this just some escapade launched by an attorney to free a guilty drunk driver?

    12. Re:"code" is probably in the hardware by russotto · · Score: 5, Informative

      Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range

      that's more reasonable than reporting you have enough alcohol in you to kill two bull African elephants and a wildebeest.
      No, it isn't. If it, due to some error, detects enough alcohol in you to kill an elephant, it's obviously malfunctioning and should not report any value. Reporting the absurd value is second-best, because it allows you (or your attorney) to challenge the value. Reporting a reasonable-sounding value is manufacturing of evidence.

      Consider, for instance, if radar guns reported "91mph" any time they detected too high a value (say, above 200mph). You could be driving by at 75mph, some malfunction could cause the gun to detect 600mph, it would report "91mph", and you'd be screwed. If it reported 600mph and you got pulled over based on it, you'd probably win in court because your car can't do 600mph.

    13. Re:"code" is probably in the hardware by Jorgandar · · Score: 2, Insightful

      Funny..because there are 3 companies out there who claim to know everything about you and your trustworthyness and report that out to everyone as a neat little number...your credit score. Then they sell this data as if it were true, when 1/3 of all of it is false. AND they all use a secret algorithm. AND it took an act of congress just to let you peek at your score once a year. ...and everyone seems to trust them.

    14. Re:"code" is probably in the hardware by TheVelvetFlamebait · · Score: 3, Insightful

      Accuracy doesn't matter, legal limits don't matter. ZOMG ALCOHOL!!! = Jail. Fines. Moral superiority.
      I know I'm going to be torn apart limb by limb by the modders out there, but yes, you're right. The hard limit isn't really the point. Do you think people are suddenly dangerous over 0.05 (or whatever the limit is in your neck of the woods)? The point is that you've been drinking before you've been driving, and you really shouldn't have been doing that. That's what the law is intended to do: to stop you from driving after good night out. It's negligent, it's potentially dangerous, and it sets a bad example for others. If you're really only 0.04, the limit's 0.05, and you read over it, I'm sorry that such a miscarriage of justice happened. However, it really wasn't a good idea to drive in the first place, now was it?
      --
      You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
    15. Re:"code" is probably in the hardware by double07 · · Score: 2, Informative

      The new ridiculously low BAC forced by the feds (0.08) can get you nailed even if you are fine to drive.
      It's .05 in Australia, which basically equates to 2 drinks. consider yourselves lucky.
    16. Re:"code" is probably in the hardware by karmatic · · Score: 2, Insightful

      If you're really only 0.04, the limit's 0.05, and you read over it, I'm sorry that such a miscarriage of justice happened.

      First off, I don't drink - never mind drinking and driving. And personally, I think that truly incapacitated drivers (not just Alcohol) that put others at risk should be jailed for a very long time. After all, killing someone lasts a lifetime.

      That being said, laws should be enforced properly, and evidence should be good. If driving at 0.04 is bad, then that's where the limit needs to be, and that's where the equipment needs to be. Arbitrary enforcement of laws (speed limit, I'm looking at you) leads to contempt for the law.

      We, as individuals, are subject to, and expected to abide by the law. It's bad enough that they have so many laws it's literally impossible to know all the ones that apply to you. Now you want to make it even harder making it so that even if you know the law and abide by it, you can still get in trouble?

      America is supposed to be the land of the free, and was founded upon principles and laws designed to protect the people from the government. The government needs strict standards rigorously enforced by the people (by voting, constitutional amendments, and armed revolution - as appropriate). What good are having laws if the government disregards them at will? Furthermore, given our history (interring the Japanese, among other things), it should be blatantly apparent that the law (and by extension the collective power of the citizenry to enforce and replace it) is the only thing that can protect the people from tyranny.

    17. Re:"code" is probably in the hardware by Kreigaffe · · Score: 2, Informative

      That's the most ridiculously heavy-handed bullshit I've ever heard in my life. almost.

      If you're talking about city-traffic, 25-35mph block-by-block stoplights, you have a point.. and stopping behind the line is pretty important when there'll be hoards of people rushing across without really paying attention to you as soon as you stop.

      That's not the only driving that's done in this world. Yellow lights are exceedingly brief. You're going 65mph, BAM YELLOW LIGHT! CAN YOU STOP IN TIME? IF YOU SLOW DOWN YOU WON'T MAKE IT THROUGH BEFORE IT'S RED -- BUT CAN YOU KNOW! SLAM ON THE BRAKES OR KEEP GOING YOU DECIDE, NOW NOW NOW GO GO GO aww you stopped, but exceeded the stop line by 2 feet. Should've never slowed down, you woulda made it!

      Yeah.. no, you're pretty much wrong, and those automated ticketers are pretty much a bad idea. Hell, cops were getting yellow light duration shortened BEFORE those fucking idiot cameras were ever even a glimmer in some schemer's eye

      --
      ... still waiting for this free-as-in-beer free beer I keep hearing about. :|
    18. Re:"code" is probably in the hardware by Afecks · · Score: 4, Insightful

      If the law says 0.05 is fine then we should hold ourselves to it. If we wanted 0.00 then write the law as such. Why is carrying out the law properly even an issue?

    19. Re:"code" is probably in the hardware by fishbowl · · Score: 4, Informative

      >Does the friggin' device work?

      Of course, by the time they actually bring out the breathalyzer, they've probably already decided to arrest you based on the Nystagmus test. Most of the procedure is just misdirection to keep the suspect calm, thinking he still has a chance to avoid arrest, even though it's already a foregone conclusion. It gives the DUI suspect a chance to dig a deeper grave for himself... The breathalyzer result is more valuable for getting confessions in the field, rather than for evidence in court. They don't actually *need* mechanical sobriety tests, since HGN, one-leg-stand, walk-and-turn tests and the like, stand up just fine in court.

      --
      -fb Everything not expressly forbidden is now mandatory.
    20. Re:"code" is probably in the hardware by digitalunity · · Score: 4, Interesting

      I can tell you 100% this is true. I received a DUI for drinking 3 coronas in January in Washington state. I passed my field sobriety test with good marks, yet being a dumbass I volunterred to take a portable breathalyzer test yielding a .085% BAC.

      When I got back to the station to take the real breathalyzer, I brought to the attention of the police officer that the breathalyzer I was being tested on had a 2 year old calibration sticker. He said, and I quote "oh don't worry these machines are accurate to 10%!". Long story short, it said my BAC was .089% which was complete bullshit. How does 3 beers in 3 hours get someone to 0.089%!?!

      The police will lie to your face so you think you're going home, write down what is necessary to create probable cause(1) and screw you while you smile. What do you expect from a state that pulls in $800k a month from DUI fees and I'm sure many times more than that in corrections fees?

      1) I was pulled over for having a cracked tail light. I volunteered to do a field sobriety test including walk & turn, 1 leg stand, HGN. Walk & turn, I did flawlessy, state patrolmen even admitted it. One-leg stand, I made it to 45 seconds and only put my foot down once. The policeman wrote in his checksheet that I used my arms to balance myself and in the notes field wrote that I also kept my hands in my pockets because it was cold. ...? HGN is supposed to last 20 seconds max as outlined in NHTSA recommendations. The patrolmen kept the HGN test going for over 60 seconds, then wrote that I was showing signs of attention deficit due to intoxication because I took my eyes off the pen to look at him in bewilderment and ask if we were done yet. Judge says state patrolmen don't have to follow NHTSA recommended practices for administering field sobriety tests and the WSP are trained to administer the tests as best they see fit.

      Long story short... If you get pulled over and you have had even 1 drink, say these works: "I respectfully decline to provide any type of field sobriety test to you at this time. If you desire, I can accompany you to the nearest station for a breathalyzer as agreed when I received my drivers license."

      At that point, they must decide if their probable cause is worth the pain in the ass you are being. Although another recent story on /. seems to imply it doesn't even matter if you're right, you might get arrested anyway. WSP sucks, WA state corrections sucks, District of Clark County sucks. Disclaimers of course, IANAL, ymmv, don't drink & drive, bury the lawyers, etc.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    21. Re:"code" is probably in the hardware by Jon+Howard · · Score: 2, Insightful

      I don't want this to sound like a personal attack, because I'm sure you just haven't carried this logic through to all the edge cases. Let me point out the flaw in your argument: drink how much, and over what interval? I'll agree readily that if you have 10 drinks in 2 hours, you probably shouldn't be driving. Well, unless you're several hundred pounds, had a full stomach, and drank a lot of water during that interval... then who knows. That aside - what about 1 drink with a meal? Is that a deal-breaker? What about 5 drinks, 4 hours ago? 6 hours ago? 48 hours ago? One drink every 4 hours over the course of a day? With or without supplementary hydration? These scenarios all lead to differing degrees (possibly 0) of impairment, and the only sane way to quantify what's acceptable is an objective test. That's what the BAC reading is about. Now, getting that reading accurately, and deciding what a fair level of impairment is before one presents a credible hazard... those are the parts we could still stand to work out. Knowing that you won't be busted for being over the legal limit if you went on a bender a month ago, and only chose to drive tonight.. well, that's what we call "reasonable"

    22. Re:"code" is probably in the hardware by Sandbags · · Score: 3, Informative

      um, if you did the walking test flawlessly, why did the cop even ask you to do a breathalyser? The process for using one has to be documented, there are costs involved in replacing the breathing tube used, and more. For a 0.085, it's so close it's almost not worth it, and in most cases, by the time you got to the station and did another breathalyser, normally the number would go down not up. Cops know this, and also know that if they drag you in and you pass, there's typically hell to pay.

      That said, some people can ping 0.080 after only 1 drink, about 40 minutes after finishing that drink. If you had just finished your 3rd beverage, got in the car and then got pulled, after 3 drinks you could easily have been 0.08+. That fact that a second Breathalyzer confirmed this means you were guilty. Also, start counting the 3 hours from a point about 15 minutes after finishing the first drink, not from the time you got to the place to start drinking... You might see a different picture entirely there.

      If you have even a half-assed lawyer, and you bothered to get the ID numbers of both breathalyser used, and both had not been calibrated withing their required term (or failed calibration testing) then you would be let go without a fuss. My guess, at least one of the 2 units was within normal parameters or would pass calibration anyway, and thus be admissible in court.

      Fact is, at 0.08, you're impaired enough for it to be easily detectable in visual and reaction simulators. In fact, many states are arguing, based on scientific evidence, that this should be lowered to 0.06 as there is noticeable impairment at even that level. 0.06 means if you have 1 drink, 90 minutes later you could still fail.

      As for NHTSA recommendations on field testing, that's it, they're recommendations. Officers are expected to use their own best judgment on how to test a person. The NHTSA is more concerned with the type of test and teaching officers how to recognize signs of intoxication. On the other hand saying "Are we done yet?" probably just pissed him off...

      If you have 1 drink, you're probably OK, more than 1, you're at serious risk for DUI. Also remember, Corona is slightly stronger than say Bud Light. A Guiness is nearly twice as potent. A glass of wine is supposed to be 4 ounces, and is measured at 10% abv, but find me a restaurant that doesn't pour at least 6 oz glasses with 11-15% wine...

      Some foods can accelerate or slow the absorption as well. The first drink probably went right through you, but if you were eating food during the second and third rounds, both of them may have entered your system concurrently through digestion.

      Lessons learned here: 1, don't drive with a cracked tail light (and always use turn signals). 2, accept the field test, but decline the breathalyser. If you did bad enough on the field test, you'll go to jail anyway for a breathalyser or blood test, but if you're clean, you're OK, unless you piss off the cop or have a bad day. At the station, refuse a breathalyser and respectfully request a blood test on the grounds that it is more accurate. (if you failed a street sobriety test already, this might buy you a night in jail while you wait for results, but again, if you're clean, there's no worry) 3, never say "are we done yet" to a cop. Be polite, never act like you're in a rush. (and know his rank! This goes a long way!!!) 4, don't drink and drive... (drink at home, it's cheaper!) 5, if the calibration sticker is out of date, refuse the test and demand to have a supervisor come to the roadside site (it's your right to do so, though he may choose to bring you to the supervisor instead. this also goes for speeding tickets if the radar was not calibrated immediately before you were clocked with a tuning fork displaying a matching serial number to the radar). The more you know about the requirements the officer must display in the courtroom, the less likely you are to get a ticket. 6, have all your paperwork (registration, insurance, etc) neatly file

      --
      There is no contest in life for which the unprepared have the advantage.
  2. Re:Frosty Pist by quantum+bit · · Score: 5, Funny

    You must first blow into this tube before your Slashdot post is accepted.

    Processing... Processing... Done! (31 errors ignored)

    Sorry, your blood alcohol is over the limit for Slashdot first-posting. Please try again later.

  3. Learn something new every day by Mateo_LeFou · · Score: 5, Funny

    I didn't know SCO made breathalizers.

    --
    My turnips listen for the soft cry of your love
  4. Shocked by UbuntuDupe · · Score: 5, Funny

    You mean, the creator of an intellectual work thinks it's more creative than it really is? That very rarely happens.

  5. Let's whiteboard this people by Anonymous Coward · · Score: 5, Funny

    if ( drunk ) {
    goto JAIL;
    }

    1. Re:Let's whiteboard this people by quantum+bit · · Score: 5, Funny

      if ( drunk ) {
      goto JAIL;
      } else {
      collect(200);
      }

    2. Re:Let's whiteboard this people by hax0r_this · · Score: 3, Funny

      I don't get it. What is i, and why does it keep increasing? It looks like it should be money, but as far as I know in jail they mostly don't pay you when they rape you.

    3. Re:Let's whiteboard this people by Sj0 · · Score: 2, Informative

      I see what the article was talking about. This is TERRIBLE code. Who uses GOTO? Not even BASIC programmers use it anymore!

      --
      It's been a long time.
    4. Re:Let's whiteboard this people by Duhavid · · Score: 2, Funny

      Label not found "JAIL".
      Undefined symbol: collect().
      Undefined symbol: rich.
      'rich' used without assignment.
      Undefined symbol: recieveBeating().
      Undefined symbol: jailRape().

      --
      emt 377 emt 4
  6. Trade secrets claim is valid by EmbeddedJanitor · · Score: 2, Insightful

    Almost any firmware is just a collection of general algorithms. Calibration, self test, filters, look-up/calculations... I'm not subrised that there's nothing amazing in there. That they don't have any funky algorithms does not mean that the firmware is not a trade secret. It still takes significant engineering/test/validation effort to get to a working device.

    --
    Engineering is the art of compromise.
    1. Re:Trade secrets claim is valid by cmowire · · Score: 2, Insightful

      So? If you RTFA, you see that they didn't spend a lot of engineering/test/validation time either.

  7. DUI laws are just the second coming of prohibition by justcauseisjustthat · · Score: 3, Interesting

    I've been thinking about DUI laws in the US and how the laws are just the second coming of prohibition of liquor. Why else would they take two legal activities like drinking alcohol and driving, and make it criminal. Yes, I understand people get hurt by drivers under influence. But lets be real and compare it to teens getting into accidents, senior citizens getting into accidents, sleep deprived individuals getting into accidents, etc. Think about it... You don't see people being tested for reaction speeds when taking driver tests!! You don't see people being tested for intelligence when taking driver tests!! You don't see people being tested for decision making ability when taking driver tests!! If people had to pass these types of tests we wouldn't have so many traffics jams. Think about it, why have some states in the US that use whisky plates (plates for cars owned by individuals convicted of a DUI) run out and had to expand the letters used.

    PS People who drink and get into accidents should be prosecuted as if they had reckless intent.

  8. Re:Frosty Pist by bladesjester · · Score: 5, Funny

    Sorry, your blood alcohol is under the limit for Slashdot first-posting. Please try again later.

    There. Fixed it for you =]

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  9. The reason MN doesn't have the code by crimguy · · Score: 5, Interesting

    The reason why no source code has been released in MN is that the manufacturer of the breathalyzer in that case, CMI, refuses to hand it over to anyone. They are asserting that it is a trade secret, and are resting on the fact that there is little a court in MN can do to force them, a Kentucky corporation, to hand it over.

    I represent three clients in Phoenix, AZ, who have been trying to get the code from CMI for the same reasons, and have been met with nothing but frustration. Fortunately, a couple judges here have agreed with the defense that examination of the code is necessary to mount a defense, under due process grounds. We (myself and a number of other attorneys) have had dismissals in a total of about 11 cases in the City of Phoenix, all of which are being appealed. There are a few cases in superior court that will be appealed shortly as well. It's been a busy time in the world of DUI litigation.

    Unfortunately, many judges here do not see the relevance. Further, they have enacted legislation to prevent the preclusion of breathalyzer results, despite the inability to examine the "schematics or source code" of the machines.

    Believe me when I tell you - these machines are unreliable, and subject to many errors, most glaringly the result of RFI screwing up the results. I've read the findings of the independent lab on the NJ case, and it does raise many concerns. My biggest problem is that law enforcement can essentially hide behind a foreign corporation, and a jury never hears about many of the problems at hand.

    1. Re:The reason MN doesn't have the code by Anonymous Coward · · Score: 2, Interesting

      In denmark the breath analyzers are only used on the scene and if you are tested positive they bring you in to take a blood test. Only the blood test is considered proper evidence.

      I'm actually a bit surprised that this isn't the case in america.

    2. Re:The reason MN doesn't have the code by nate+nice · · Score: 4, Interesting

      That's not true.

      You don't have to take a breathalyser or do any road side test. And in fact you shouldn't. Even if you have been never tell the cop you've been drinking when pulled over.

      What you do have to do is submit to a blood test at a hospital if the suspect you of drunk driving. If you don't then you'll lose your license.

      Here's some advice if pulled over:

      When asked if you've been drinking, say no. They always ask this question a night. If you say yes you've had one or whatever, you are a suspected DUI. They usually won't smell things on your breath or whatever. Just say no and they'll probably just ask to run your license and give you a speeding ticket. Unless it's obvious you're drunk

      When asked to get out of the car, comply. You have to. If they ask you to do ANY roadside test, decline. You will be pressured here. Simply say your lawyer informed you to never do a roadside test under any circumstance. The cop will evaluate you at this time. One of 2 things will happen now.

      If you're borderline and seem to be "normal" or not very drunk, they'll probably let you go with a ticket. They realize that it will be a waste of their time to arrest you take you down to the hospital, file reports, etc only to find out you are at .07. Remember, the time it takes from pulling you over to actually taking a test is often over an hour. You will likely have sobered up some by this point. And potentially moved from a .1 to a .7 fairly easily. Or even from a more serious .12 to a less expensive and serious .9 or something borderline.

      If you're obviously drunk, they'll take you down confidently knowing you will fail the test and be charged. But that's the price you pay for driving when sloshed.

      The keys: Never admit to drinking anything. This can only hurt you. Let your lawyer do the talking. Refuse any roadside test. They can only hurt you. Cooperate and take a blood test. Potentially an hour or more after you've been pulled over. You will invariably be more sober than when you were pulled over. This works to your advantage.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    3. Re:The reason MN doesn't have the code by nate+nice · · Score: 2, Insightful

      Interesting. I can't believe Illinois would force people to take roadside tests like that.

      Now, when you say breathalyser, are you talking about the roadside one or the station one? There's quite a difference.

      --
      "If you are a dreamer, a wisher, a liar, A hope-er, a pray-er, a magic bean buyer ..."
    4. Re:The reason MN doesn't have the code by fbjon · · Score: 4, Insightful

      Here's a better idea: don't drink and drive.

      --
      True confidence comes not from realising you are as good as your peers, but that your peers are as bad as you are.
    5. Re:The reason MN doesn't have the code by Bios_Hakr · · Score: 3, Insightful

      At the current BAC levels, drinking and driving do not mean what you think they mean. Using mouthwash in the morning or before your drive home (some people brush their teeth more than twice a day) can mean you'll test positive. If you have a beer with friends over dinner and drive 2 hours later, you can still test positive.

      The MADD crew lost the moral high-ground long ago.

      --
      I'd rather you do it wrong, than for me to have to do it at all.
    6. Re:The reason MN doesn't have the code by TheGratefulNet · · Score: 3, Insightful

      Hi nate nice. Got any more tips for drunk drivers?

      you have NEVER EVER had a beer at work (maybe some milestone or something) and then drove home, perhaps even a few hours later?

      that never happens to you?

      or you have a glass of wine out on a date?

      the laws are too harsh and people DO need to know all the info that the other side knows. not only is it desirable to know all your rights, its -necessary- for the system to really work at all.

      --

      --
      "It is now safe to switch off your computer."
    7. Re:The reason MN doesn't have the code by Attila+Dimedici · · Score: 2, Informative

      In Pa, and NJ you can refuse the breathalyzer and submit to a blood test (I am pretty sure that this is still true of Va as well). I am pretty sure that this is true in most states, but I only know this for sure of these two (and that it used to be true of Va). Also, in Pa I am pretty sure that only applies when you are driving not when, for example, you are the passenger in a car.
      There are two things that bother me about the discussion of what percentage of accidents are alcohol related. The first has been alluded to by an earlier poster; if you have had one drink and are parked in a legal parking space alongside the road and someone stone cold sober plows into you, it is considered an alcohol related accident. The second is that when you examine the statistics about serious accidents that genuinely involve someone with too much to drink being in a serious accident, you discover that the overwhelming majority of those accidents are caused by people who were blind stinking drunk (0.12 or higher BAC).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    8. Re:The reason MN doesn't have the code by karmatic · · Score: 2, Informative
      Really, you don't have to take a blood test either. They can't force it.

      That's not the case in Arizona.

      Prior to implementing the DPS phlebotomy program, the department used hospital phlebotomists to draw blood if consent was given, when a breath screening device such as an Intoxylizer was not immediately available, or after the officer obtained a search warrant to secure blood evidence from a DWI suspect. But some civilian phlebotomists were hesitant to draw blood on uncooperative DWI suspects or after a search warrant had been secured, due to unfounded legal concerns.
      The Arizona DWI law allows physicians, nurses, or "other qualified persons" to draw blood during DWI investigations. It is important that the blood is drawn in a professional and expedient manner in every DWI investigation. ...
      When a suspect refuses to provide the requested test, the DPS officer applies for a search warrant from a judicial officer for obtaining samples of the suspect's blood. The warrant may be requested in person, via phone, or via facsimile; this process takes about 30 minutes. ... Those who physically resist are restrained while their blood is drawn.
  10. Trade Secrets by CopaceticOpus · · Score: 4, Insightful

    My guess is that 99% of proprietary code contains a big trade secret: The secret of just how crappy the source code really is.

    If they were expecting their code to be opened to the public, they would have taken the effort to fix up "spaghetticode.inc" which contains the single comment "//This works though i'm not sure why... clean up l8r!!!!".

  11. Re:How do you know this IS the code? by poetmatt · · Score: 3, Informative

    The article states that the opposite is what occurs.
    from http://www.duiblog.com/2007/09/04/secret-breathaly zer-software-finally-revealed/ - 10. Error Detection Logic: The software design detects measurement errors, but ignores these errors unless they occur a consecutive total number of times. For example, in the airflow measuring logic, if a flow measurement is above the prescribed maximum value, it is called an error, but this error must occur 32 consecutive times for the error to be handled and displayed. This means that the error could occur 31 times, then appear within range once, then appear 31 times, etc., and never be reported... . So yes, they did look over the source code, they had a judge approved expert witness (aka someone who works with this stuff as their job)

  12. The entire 12 problems by poetmatt · · Score: 5, Informative
    Please read here at http://www.sandiegodrunkdrivingattorney.net/2007/0 8/successful-dui-breath-test-machine.html where they have all the information on the flaws. I will post the summary line of each result from Base one (link to their homepage) as follows:

    1. The Alcotest Software Would Not Pass U.S. Industry Standards for Software Development and Testing
    2. Readings are Not Averaged Correctly: When the software takes a series of readings, it first averages the first two readings.
    3. Results Limited to Small, Discrete Values: The A/D converters measuring the IR readings and the fuel cell readings can produce values between 0 and 4095.
    4. Catastrophic Error Detection Is Disabled: An interrupt that detects that the microprocessor is trying to execute an illegal instruction is disabled
    5. Implemented Design Lacks Positive Feedback: The software controls electrical lines, which switch devices on and off, such as an air pump, infrared source, etc. The design does not provide a monitoring sensory line (loop back) for the software to detect that the device state actually changed. This means that the software assumes the change in state is always correct, but it cannot verify the action.
    6. Diagnostics Adjust/Substitute Data Readings: The diagnostic routines for the Analog to Digital (A/D) Converters will substitute arbitrary, favorable readings for the measured device if the measurement is out of range, either too high or too low.
    7. Flow Measurements Adjusted/Substitute d: The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations.
    8. Range Limits Are Substituted for Incorrect Average Measurements: In a manner similar to the diagnostics, voltage values are read and averaged into a value.
    9. Code Does Not Detect Data Variations
    10. Error Detection Logic: The software design detects measurement errors, but ignores these errors unless they occur a consecutive total number of times
    11. Timing Problems: The design of the code is to run in timed units of 8.192 milliseconds, by means of an interrupt signal to a handler, which then signals the main program control that it can continue to the next segment.
    12. Defects In Three Out Of Five Lines Of Code: A universal tool in the open-source community, called Lint, was used to analyze the source code written in C. This program uncovers a range of problems from minor to serious problems that can halt or cripple the program operation.

    Sorry if this is redundant, I didn't see it listed anywhere that I could tell up front. If you note that list is pretty serious. They picked a "top 5" type thing for the other link, but this one is pretty accurate. Note these guys were called in as expert witnesses and their information on their website shows they have extensive experience working with government. If these guys find flaws that is definitely pretty serious.

    1. Re:The entire 12 problems by Anonymous Coward · · Score: 2, Informative

      You should have read that report. The code takes the 12-bit output and does a >>8 for no reason other than to get a nice number. Are 16 levels accurate enough for you? Then they point out that when the IR calculations are factored in it does a further >>1, giving 3 bits of accuracy. That leaves the reported accuracy (in tenths) smaller than the measured accuracy (in eighths).

      I've done enough device bios coding to know you hoard those bits from a DAC like they were diamonds until the last possible calculation. This isn't sloppy, it's horrific.

  13. Re:DUI laws are just the second coming of prohibit by Surt · · Score: 4, Insightful

    The unfortunate reality that the laws are trying to deal with, though, is that it is essentially impossible for law enforcement to spot all the drunks on the road, and deliver you home as you suggest (imagine the logistics of that: you could put all the police in this country on that duty full time!, and still not have enough cops).

    Worse, it won't even be near to possible for them to indentify all of the sufficiently impaired so as to protect the rest of us from their idiocy.

    What drunk driving laws do is create an incentive for everyone to voluntarily police themselves, and to act more responsibly. If you know you run a risk of a long incarceration just for drunk driving, you may not take my life into your hands by getting behind the wheel and driving the same roads as I do. If you (or most of these drunk idiots) know that the only penalty for getting caught is being taken home, then you'll be much more encouraged to just take your chances with my life, rather than deal with the inconvenience and cost of a taxi ride.

    Drunk driving laws disencentivize behaviors on an individual basis that normally have unfortunate incentives on an individual basis, but have an extremely high average cost for the rest of society. This is also why no-sleepy-driving and no-cellphone-driving laws are a similarly good idea.

    --
    "Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
  14. Gotos considered harmful by benhocking · · Score: 4, Funny

    Have you looked carefully at your code to see what happens if you're not drunk? Personally, I'd like to see an exit(0); in that else section.

    --
    Ben Hocking
    Need a professional organizer?
  15. Here's one for the mythbusters... by mathfeel · · Score: 4, Funny
    FTA:

    "7. Flow Measurements Adjusted/Substituted: The software takes an airflow measurement at power-up, and presumes this value is the "zero line" or baseline measurement for subsequent calculations. No quality check or reasonableness test is done on this measurement..."

    So, if I blow into the device as soon as it boots, I will always be tested negative??
    --
    The only possible interpretation of any research whatever in the 'social sciences' is: some do, some don't
  16. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 2, Insightful

    Whenever there is a fine involved, it becomes no longer about social good, but about revenue raising.

    In California, for example, police statistics have shown that crash rates did not go down when stronger DUI laws were enacted. Inherently, driving a vehicle is the dangerous activity.. drink driving just gives people an acceptable scapegoat.

    --
    How we know is more important than what we know.
  17. Sorry, you can't hide behind a "trade secret". by WebCowboy · · Score: 4, Interesting

    That they don't have any funky algorithms does not mean that the firmware is not a trade secret.

    Then what DOES make something a trade secret? The mere fact the software is compiled and/or programmed onto a chip? An EULA? An"anti-circumvention device" as defined by the DMCA? Seriously, where should we draw the line with "trade secrets" when it comes to protective legislation? The only "trade secret" revealed here is the fact that the manufacturer in question embedded alpha-quality software in a product released to production. That sort of a "trade secret" is generally considered willful negligence or fraud.

    It still takes significant engineering/test/validation effort to get to a working device.

    It is apparent that little to no such QA was done on this particular device, which to me sounds like a grave mistake considering the device is trusted to keep drunk drivers off the road. Keep in mind that this device is theoretically able to report just as many false negatives as false positives, do not only would it be possible for a sober driver to be falsely charged with a DUI (as this lawyer claims) it is also possible that countless drunk drivers falsely blew UNDER the limit and were allowed to continue on their way and put others in harms way. That could be considered criminal negligence on the part of those who engineered this device.

    Just because it takes effort (in time and money) "to get a working device" even when there is nothing novel in its functionality does not mean that those putting forth the effort should be able to hide from scrutiny behind a "trade secret". The systems I work on are sometimes involve safety interlocks. My employer subjects their software division's development practices to audits from government agencies. Our clients often stipulate that they must have access to source code (though since we are a closed-source shop we never grant redistribution rights). Even if there are novel implementations or "trade secrets" there are legal instruments to accommodate for them and still remain accountable.

    These "breathalyzer" devices used in the field are far from trade secrets--I remember plans for one in Radio Electronics years ago that was said to be quite reliable as a preliminary measurement device (didn't report a specific value, but had a "traffic-light-interface" of 3 LEDs). The "trade secret" excuse is flimsy and shameful. It is worse than the whole Diebold voting machine debacle because it can directly affect a person's safety and well-being.

    1. Re:Sorry, you can't hide behind a "trade secret". by Graff · · Score: 2, Informative

      Then what DOES make something a trade secret? According to the Uniform Trade Secrets Act:

      (4) "Trade secret" means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:
      (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and
      (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. Now in this case the algorithms in the breathalyzer code are generally known to the rest of the industry so the likelihood that the code contains trade secrets is pretty low. If the breathalyzer used a revolutionary, and probably patentable, method to measure the blood alcohol level then the code would be covered under the Uniform Trade Secrets Act and other relevant civil law.

      It's very likely that the breathalyzer manufacturer is just using the concept of a trade secret in order to obstruct any potential court cases from using the code to nullify the breath tests. In the case of this code it seems that it is deeply flawed and the results will very likely be thrown out of court.
    2. Re:Sorry, you can't hide behind a "trade secret". by jbengt · · Score: 2, Informative

      "derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means . . . "
      The way I read that, it's protectable as a trade secret, because they can make more money selling the thing if they keep the crappy code a secret - if it gets leaked, they could lose a lot of sales if anyone cares about quality.

  18. Re:DUI laws are just the second coming of prohibit by jafiwam · · Score: 2, Insightful

    Actually, I can tell you here in my (great drunk driving state of WI) that drinking while blasted does increase the probabilty of causing an accident.

    And, I agree with you it is a criminal act that should be punished after a day in court.

    HOWEVER,

    We are not talking about the guys who are falling down smashed can't get the key in the door drunk.

    We are talking about folks at .10 (the former legal limit) or .09 (now illegal) or .08 (borderline illegal) getting shafted LOOOONNGG before they are at the level of impairment of even talking on a cell phone, who are then subjected to what is basically a poorly built, poorly maintained piece of witchcraft known as a breathalyser. You might as well be attempting to test body thetans or use a polygraph. The science is that bad.

    I see lots and lots of behavior and drivers on the road doing stuff WAY MORE DANGEROUS than someone getting home after happy hour toting a .08. The emphasis on this forces me to conclude the people pushing for the DUI laws stiffer than they already are have an alternative agenda that ends with "prohibition mark II".

  19. Re:My problem with the 12 problems... by Myrv · · Score: 4, Informative

    Please read more carefully before you make incorrect phrases. Perhaps you should take your own advice to heart because as the previous poster noted, you are wrong.

    The last reading has the least weight, as the first one determines the average Nope, given the description you have so nicely put in bold the first reading is the least signficant.

    Take 3 readings, say 1 2 3 for the sake of argument. The text says the first two are averaged, so:

    (1+2)/2 = 1.5

    Now this average is averaged with the third reading

    (1.5+3)/2 = 2.25

    or in full

    ((1 + 2) /2 + 3) /2 = 1/4 + 2/4 + 3/2

    Note the 3rd point is weighted twice that of the first 2 (i.e, its divided by 2, the first two points are divided by 4).

    The real average should be:

    (1+2+3) / 3 = 2

    but the last point is being weighted more in the incorrect version so the average was given as 2.25

    If the first point was weighted more you would expect the average to be less than 2.

    It's basically using a mean instead of an average. mean and average are the same thing.

    What this means is each reading could increase or decrease the score, as opposed to being consistant. If you take 3-4 tests each one could show you as "more drunk" when you might have started at .06 and ended at .30 (as an extreme example) or started at .15 and ended at .03. No, it's not. Each subsequent reading is basically being averaged into previous value with double the weight. There are cases where you would want to do this, i.e. damp out the history, but the code comments suggest this wasn't the case (of course the code may have been changed on purpose and somebody forgot to change the comments)
  20. Damn lies and statistics. by FatSean · · Score: 2, Informative

    'alcohol related accidents' include events when a non-drunk crosses the double-yellow and crashes head-on into a drunk driver. I'm skeptical.

    --
    Blar.
  21. Great Code Review by Mandatory+Default · · Score: 2, Interesting

    I've never heard of Base One, and I never would have guessed from their home page http://www.base-one.com/ that they could do what they did, but that has to be one of the more impressive "code reviews" I've seen. The code review encompasses hardware, software, testing, architecture, design - in short, a rather thorough analysis. Seeing all of those skills come together for an embedded system project is pretty impressive. (Consider that, at Draeger, it appears that almost none of those skills were bought to bear...)

    So kudos to Base One. Great work.

  22. Mod Parent up! by cdn-programmer · · Score: 2, Insightful

    Crappy moderation again. I really wish those closer to God than the rest of us here in Slashdot would eliminate this personal points of view moderation tactics. The post is a good one and raises many questions which are valid questions. The post also has generated discussion which is exactly what slashdot is all about.

    So moderators - stop attacking the messenger ok?

    There is a TV program which I do not watch called "Canada's worst drivers".

    This program apparently is oriented to rehabilitating some of the worst drivers in the country - people which clearly should not be allowed on the road.

    Many years ago I was in an accident caused by one of these people. I watched with disbelief while this person drove literally more than a car length and finally stopped when she hit my car. At no time during this did she ever look forward. She had her head turned to the left looking for oncoming traffic. Meanwhile I was to her right. This would have been 1001, 1002, 1003. I was thinking - Lady... you need to look where you are driving!

    It was in the news that a kid was killed while sitting on a bus bench. The lady in question was trying to fetch the plant that fell off the seat while she was turning a corner.

    Now - what we do see in the media are deliberatly distorted statistics. If the victim in the accident has had something to drink they stat "Alcohol was involved". The victim could be sound asleep in the passenger seat and there are cases of him being charged. 1) He wasn't operating the vehical. 2) he wasn't even awake. 3) He never operated the vehical. 4) it was his buddy who was driving him home and the car quit and his buddy went to get help.

    While there are accidents caused by people who should not be driving because they are intoxicated, the truth is this is totally blown out of porportion. At 0.08% many people are not intoxicated at all. Others are intoxicated at 0.02%. And the post I am responding to correctly points out that some people are so compromised that they should never get a driver's license in the first place.

    Then... we have a faulty machine testing a flawed premise. The flawed premise is that alcohol at a certain level makes everyone a criminal.

    What we really need to do is get bad drivers off the road. IMHO tail gating is a far worse offence than driving with a little too much slosh. Of course the cops in this city like tail gaters.

  23. This is important by sjames · · Score: 4, Informative

    Without measures like this, police brethalyser selection is distorted by powerful confirmation biases.

    Given an honest belief that suspects that are given the brethalyser test are intoxicated, the natural selection bias is towards machines that read positive more often. Even without a single thought of "we need a machine that convicts regardless of guilt", that's what they will tend to get.

    Allowing the defense to face the actual witness (the brethalyser) so to speak provides the needed negative feedback to drive selection back towards accurate impartial instruments even if only to make DUI charges stick in court.

    More to the point, it can drive machine selection towards those that meet the beyond a reasonable doubt standard. If trials are going to favor the readout on a brethalyser, the machine should (for example) always round towards a lower reading when measuring or computing. For example, if there is any noise in a reading, the lowers is beyond reasonable doubt, the average is vaguely justifiable (though it is probably closer to a preponderance than it is beyond reasonable doubt) and the highest is just plain trying to get convictions regardless of merit. Otherwise it has the potential to accuse someone of DUI (to the extent that a machine can accuse) even if in fact componant tolerances may mean the difference between just over the limit vs. just under. After all, the machine is not suceptable to a jury judging if it seems unsure or knew it was close to the edge based on testimony.

    A surprising number of measurement devices meant for scientific and medical purposes (as well as law enforcement) do NOT correctly handle significant digits, error bars, or rounding. Many programmers do not understand the importance of different rounding rules, and even think that add .5 then truncate is always correct.

  24. Roadside results are not important, anyway by Mudd+Guy · · Score: 4, Insightful

    I think it's great the source code is getting out, and that we'll find out which devices are crappy and which are better.

    But in the end, I don't think any of this matters. Drunk drivers are not prosecuted based on roadside breathalyzer tests. They are prosecuted based on tests done back at the police station using either a blood test or a much better lab-quality breathalyzer. These instruments are regularly tested in a way that makes it easy to convince a jury of the validity of the results. I've seen some of the corresponding tests on a roadside breathalyzer, and they convinced me not to trust the device.

    So, it's good advice to decline the roadside tests.

  25. Re:My problem with the 12 problems... by Chapter80 · · Score: 2, Informative
    Sorry, Poetmatt, I think your math is wrong. I read the whole paragraph and thought EXACTLY as the parent thought - that they have it backwards - the LAST reading has the most weight - a full 50% of the weight. The second last has 25%, the third last has 12.5% weight, and the rest combined make up the other 12.5%.

    Of course it really makes a difference what they mean when they say that successive readings are averaged in. For example, if they averaged the first 2, and stored the result, and then averaged the 3rd with 2 times the stored result, then this would be correct averaging. And if they took the average of the first 29 readings, and multiplied it by 29 and then averaged in the 30th one, all would be fine as well.

    Sort of makes you want to SEE THE SOURCE CODE TO MOUNT A DEFENSE!

  26. Re:DUI laws are just the second coming of prohibit by QuantumG · · Score: 2, Insightful

    No, by driving a person is directly creating a dangerous situation to others, and without a good cause, that should not be happening.

    Driving drunk just makes it slightly more dangerous.

    People would have you believe that there was some massive drop off in the number of crashes on the road when DUI laws were enacted. There wasn't.

    --
    How we know is more important than what we know.
  27. Effect of the Averaging Algorithm by Oztechreich · · Score: 2, Interesting

    2. Readings are Not Averaged Correctly: When the software takes a series of readings, it first averages the first two readings. Then, it averages the third reading with the average just computed. Then the fourth reading is averaged with the new average, and so on. There is no comment or note detailing a reason for this calculation, which would cause the first reading to have more weight than successive readings. Nonetheless, the comments say that the values should be averaged, and they are not.

    This is interesting.

    The effect is that if your levels are dropping, it magnifies the drop, and if your levels are rising, it magnifies the rise. I'm not certain that this is a problem, as such. It might even be a benefit, on some level (especially if your levels are dropping.) Read on to see what I mean.

    If you were to take ten readings, and they were rising from "1" to "10", then the correct average according to the report would be the sum of 1 to 10 divided by 10, or 5.5. That is, you would have ten readings and the average of them would be 5.5 even though your present reading was 10. This artificialy minimises your reading. Using the machine's algorithm, your "average" reading would be 9.001953.

    If, on the other hand, your levels were descending from 10 to 1 in the ten readings, then the "correct" average is 5.5 still, but the machine would say your reading was 1.998047. Which is closer to your final reading.

    OK, so what does this mean efffectively? Well, I guess the biggest concern is a residual alcohol effect, where you ahve alcohol in your mouth either from the beer you had between your knees, or from the mouthwash you quaffed at the last second. In this case, you would expect to spike the first reading. The machine's algorithm takes the spike into account, but minimizes its effect on your overall reading.

    It should be noted that both algorithms have the same result for one or two blows. To maximise your results, you would need to insist on more than 4 blows, and only if the average reading was dropping each time.

    --
    10001001111001110110011000011101110
  28. How to really make the roads safer. by cumin · · Score: 3, Insightful

    As much as I hate to agree with the gp, there is a valid point there, even if calling prosecution of drunk driving modern prohibition is absurd. The valid point is that there are plenty of things that make drivers unsafe and the tests to determine competency are arbitrary. Blood alcohol content doesn't measure competency, it just measures a risk factor, of which there are many including age, rest and mood which are ignored. On any given day, despite the fact that I don't ever drive drunk, there is some reason to question my competency. It might be my eyesight or my mood, or just that I'm giving half of my conscious attention to a programming problem, but the issue is that my focus is rarely completely solely on the task of driving my car. Certainly the level varies between those times when I'm in heavy traffic and the times when I'm alone on the road, but I think it is fair to question whether our society's emphasis on one risk factor is a realistic reflection of the true dangers of the road.

    I'm sorry to say that I don't really have a better solution than the standard of hoping that the watchful eyes of law enforcement will pick up on those who endanger the lives of others in the road, at least not a socially acceptable one. If I'm getting to make free suggestions though, I recommend that persons who have exhibited stability, sanity and a tendency to be the safest drivers be issued a permit to shoot up to one bad driver a year. Should such an absurdity come to pass, I just hope that I'm one of the gun toting vigalities rather than one of the careless and dead. Come to think of it, I'd probably get a job where I could use public transportation or bicycle to work if I had to take the risk, so it would be good for the environment too. See, guns do make things better!

    Posting from Texas, the only state where "he needed killin" might convince a jury.

    --
    Back in my day when we chiseled our bits into stone and sent them by mule train from village to village...
  29. How about this... by ColdWetDog · · Score: 3, Insightful

    Anyway, if you like to have a drink out at all...you should know the laws of your state...and be prepared...

    Like calling a taxi or getting a designated driver?

    --
    Faster! Faster! Faster would be better!
    1. Re:How about this... by Fluffy+Bunnies · · Score: 2, Insightful

      So why do you have to drive to a bar in the first place, especially if you know you're going to be drunk when you leave? Get someone to give you a ride, or take a cab, or the bus, even. Hell, cycle if it isn't too far. Claiming that driving drunk is the only realistic option is just ridiculous.

  30. BS statistic warning! by raehl · · Score: 2, Insightful

    The rate of drivers involved in fatal accidents who had been drinking is over half during this hour

    Well there's a surprise.

    Did you know that the percentage of accidents near football stadiums involving football fans is shortly before and after football games is five times the percentage at other times? Quick, ban football! Being a football fan causes accidents!

    So between 2 and 3 AM, twice as many accidents involve alcohol as during the rest of the day. Do you think MAYBE, just MAYBE, that might be because twice as many of the drivers on the road between 2 AM and 3 AM have been drinking?

    That data is useless by itself. You have to not only know the percentage of drivers involved in accidents who have been drinking, but also know the percentage of all drivers on the road who have been drinking. If both numbers go up by the same amount, then drinking (on average) has no affect on accident rate. And if it goes up less, that means that the real culprits of accidents between 2 AM and 3 AM are probably the fact that it's dark and people are tired.

  31. Actually... by Sj0 · · Score: 3, Informative

    Actually, the breathalyzer is a painfully simple device, none of it is a trade secret. It's basically a pair of heated-wire anerometers in parallel, where both have a gas sample travelling at the same velocity, at the same temperature run through an anerometer.

    A heated-wire anerometer works by running a current through a wire and measuring the voltage drop through the wire. The resistance will change with the speed and specific heat of the substance you're passing across the wire, because the substance will cool the heated wire based on a number of factors. A breathalyzer simply eliminates the speed measurement, and the other measurements, and what remains is the specific heat of the substance passing through the device. They simply run a reference gas in the opposite anerometer, and take the differential, and the alcohol will give a certain value.

    Not a trade secret, unless something being common knowledge for all instrument engineers taught in the past 40 years is a trade secret.

    --
    It's been a long time.
  32. Re:So you can't refute his arguments. Gotcha. by Sj0 · · Score: 3, Funny

    My WITTY COMEBACK was killed by a drunk driver!

    --
    It's been a long time.
  33. That would flunk any lab's requirements! by Tsu+Dho+Nimh · · Score: 3, Interesting

    I am still licensed to be a medical technologist, I spent a lot of time working in hospital chemistry labs with computerized equipment, and that software fails all kinds of reasonable criteria for calibrating and operating any equipment.

  34. Re:drunk logic by Fulcrum+of+Evil · · Score: 2, Informative

    It's pretty funny, actually. All this witch-hunting, when all you really need is to stick a few cops at the local bars right after last call.

    All the MADD BS distracts from the actual dangerous drunks - you know, the ones with multiple DUIs for .15 and no license. Toss them in jail and be done with it.

    Personally, I always walk to the bar, because I know full well I'm going to be utterly illegal to drive when I walk out.

    So they can pop you for drunk in public, whee. Cops are out of control - going after safe targets that make money and ignoring the dangerous stuff that actually needs attention.

    Makes me wonder why we don't just...you know....do them?

    Because that's not the idea. The idea is to make it impossible to drink at all.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  35. Re:Exactly! by DutchSter · · Score: 4, Interesting

    There's plenty of studies showing that talking on the phone impairs drivers more than a 0.08 BAC. If we accept the premise that drivers should be criminally liable for driving while impaired that means one of two things: a) the laws for driving while phoning are too lenient or b) the legal limit of blood alcohol content is too low.

    I pull imapired drivers over all the time. Yeah I'm frequently called a dickhead for charging a cellphone user with failure to control or assured clear distance, but so be it. "Ma'am, I stopped you because you appear to be impaired. You've put your entire car over the line at least seven times since I've been following you in the last mile and a half. Is everything OK?" "Oh yeah, just fine, I haven't been drinking or anything, I'm just talking on my phone." (More than half the time the driver is still on the phone when you approach the vehicle).

    Do I think it sucks that a person pulled over for DUI faces significantly higher penalties even if they don't cause an accident versus someone simply not paying attention? Yeah, but I don't write the laws. Now, there is a difference between distracted driving and driving drunk. A distracted driver who is on the phone, putting on makeup, etc, can turn it off and become 100% focused on driving again. A drunk can't do this. They're impaired until the alcohol wears off. Thus the exposure time for a drunk driver is 100% of the time that they're behind the wheel. If traffic gets hairy or the weather turns bad, a distracted driver can hang up and drive. Am I implying that all distracted drivers do this when the situation requires more attention or am I saying that when traffic is light you're free to goof off? Absolutely not, but at least the ability to focus again is there while drunks don't have the option. My policy is if you're driving like you're impaired you probably are and I will make contact to determine what the issue is.

    Personally I like non-DUI impaired driving cases. It's much easier to write someone a citation or a warning and send them on their way than to have to go through the rigmarole associated with a full-blown DUI arrest. In my mind both groups are equally dangerous on the road, but the former is much easier to deal with and get back to patrol. A drunk might take two hours from violation to calling 10-8 (back in service).

  36. Re:Frosty Pist by TheVelvetFlamebait · · Score: 4, Funny

    I'm sorry, but this is no joking matter! It's estimated that over 10,000 points of karma are lost a year to drink-/.-posting. Ordinary, everyday nerds like you have lost face with their peers. They feel inadequate as their karma drops from Excellent to Good in the face of all the other Excellent nerds. It's been known for some particularly disgraced nerds to quit /. and start posting regularly on digg. That's right, it's not so funny now, is it?

    --
    You know, there is a difference between trolling and pointing out the flaws in your reasoning. Just saying.
  37. Re:Frosty Pist by bladesjester · · Score: 4, Insightful

    Yes, but how many karma points are *gained* by drunken slashdot posting? I'd say it's probably an order of magnitude greater than the points lost =]

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  38. Re:Article seems biased by dragonturtle69 · · Score: 2, Insightful

    In many business applications, good enough really is good enough. The rough edges can be fixed later, after the release date has been met. So long as the data is good enough for a business decision there is no problem.

    Devices which are considered infallible in the legal system must be held to a higher standard. If they have a false positive, someone who is innocent of a crime will likely be convicted, particularly in something considered to be straightforward like a DUI trial.

    DNA evidence is something for which the source (how the probability was reached, including methods) is open to professional review. Why should a lower standard be applied to other crimes? If a crime is worth prosecuting, it should be worth being certain that the accused actually did commit the crime, not just a best guess.

    --
    "What luck for the rulers that men do not think." - Adolph Hitler
  39. Re:My problem with the 12 problems... by Jtheletter · · Score: 2, Informative

    I retract and apologize for misunderstanding. However, a mean is not an average.
    While I applaud you for admitting your error, as most on /. never will when called out, you're being overly pedantic about the mean-average relationship. The arithmetic mean is a type of average, so technically, yes, the mean is an average. There are different kinds of averages: mean, median, and mode specifically. But it is incorrect to say the mean is not an average, just as it is incorrect to say that a square is not a rectangle, it is merely a specific type of rectangle.
    --
    -- I'm not a pessimist, I'm a realist. It's not my fault that life sucks so much. --
  40. The Fifth Ammendment by zoomshorts · · Score: 2, Interesting

    You cannot be compelled to testify against yourself.

    You can refuse any and ALL tests which may incriminate
    you. Easy.

    Besides, cheap ass whore cops will hold you for 30 minutes
    to allow the alcohol you drank a hour ago , to reach limits that
    WILL make you over the mark. They are cowards and criminals. Simple !

    The GNNA should be involved in this discussion!!!

    1. Re:The Fifth Ammendment by justcauseisjustthat · · Score: 2, Informative

      They actually have laws now that force you to consent or lose your license.

  41. Re:Well... by SirTreveyan · · Score: 3, Insightful

    The crazy shit won't stick in court? Where the hell do you live? I have lived in Jersey, Georgia, Tennessee and a bunch of other places while in college and in the Air Force and law enforcement officers at all levels are the same; they are a bunch of sleazy lying bastards. They will charge you with all sorts of crazy shit because they know that a judge will side with them on at least half the charges no matter how crazy of a story they make up or how good of an attorney you get to represent you.


    In the US justice system today the average Joe Blow on the street is fucked before the case even gets to the court. If a cop pulls you over, pray he got laid that morning so that he'll be in a better mood...then you MAY have a chance to get away with only a ticket for a minor infraction instead of having to prepare for a serious ass fucking by some guy named Bubba who wants to make you his "wife". If the feds are investigating you...well you're just plain fucked, those bastards know how to play the courts like a fine Stradivarius violin so you might as well buy a case of KY to take with you to prison. And that shit about a jury of your "peers"??? Ya, right...In your dreams!!! I'll never understand how a bunch of housewives, gardeners, mechanics and other blue collar workers could ever be considered "peers" in cases involving white collar "crime" or highly technical issues. Think about it...we have morons who can barely balance a checkbook sitting in judgment of corporate accountants. We have fools who can barely run their own lives sitting in judgment of CEOs. We have idiots who have no idea what the sine or cosine of an angle means, but you will find them sitting on juries deciding cases involving engineering failures. The eyes of these juries glaze over 10 seconds into expert testimony, and yet they are "peers" of the accused? If the prosecutor tells them 2 + 2 = 5, they'll just take his word for it and convict. Thats justice by a "jury of your peers." Peers my ass!


    Justice in the US courts? That is a myth. Why should there be any justice when just about every penalty includes an opportunity for the government to seize money, property, or labor, i.e. community service, from the so-called "guilty" party? Hell some "crimes" permit seizure of property on just a suspicion, with no charges needing to be filed and with little or no recourse to get the seized property returned. After all who has tens of thousands of dollars to spend to go through the process to get seized property returned. No one I know.

    Fucked...just plain fucked. That what you are once the "justice" system gets a hold of you.

    --

    SELECT * FROM User WHERE Clue > 0

    0 rows returned

  42. Re:Article seems biased by NMerriam · · Score: 4, Insightful

    It is perfectly reasonable to put, say, a non-optimal but fully functional sorting routine in, and then come back and replace it with something better later


    Considering this is shipping code in a device that doesn't exactly do automatic updates over a wireless network, I'm not sure when, exactly, you're anticipating that this testing" code will be replaced with the "real thing". You'll forgive me for thinking you're taking a fairly blase attitude towards the obviously complete lack of coding standards, formal oversight, or rigorous vetting in code that can quite literally destroy someone's entire life based on the output.

    Playing around with temporary hacks is fun for a shareware app, not an officially-sanctioned law enforcement device that decides whether you were the victim of an accident or the perpetrator of a felony.
    --
    Recursive: Adj. See Recursive.
  43. Re:Article seems biased by FireFury03 · · Score: 2, Insightful

    Considering this is shipping code in a device that doesn't exactly do automatic updates over a wireless network, I'm not sure when, exactly, you're anticipating that this testing" code will be replaced with the "real thing".

    You could release the device with a non-optimal but completely functional piece of code due to time pressures in the development schedule. Maybe it's slow, or memory-hungry, but it still does the job just fine.

    You mark the code as "temporary".

    At a later date, you decide to release a new revision of the device - replacing the "temporary" code with a more optimal algorithm might provide cost savings by reducing the CPU spec needed, or the amount of RAM. Or maybe it just makes the device faster or extends the life of the batteries.

    Given that the "temporary" code produced exactly the same results as the revised code, why is it important to this case? Is a drink-driver going to be let off because the manufacturer intended to release a later revision of the device which had a better battery life by running more efficient algorithms?

    I'm not saying the manufacturer is in the right or in the wrong here, but it seems to me that you can't assume that code isn't production-quality just because there's a comment in there that states it's temporary.