• Stephen Biss

Reliability: Ambient Fail System

Tip 42: A properly functioning ambient fail system in the approved instrument is a condition precedent to reliability of the alcohol standard in a wet-bath #duisimulator.

It is a requirement of the Alcohol Test Committee that any new breath instrument, submitted for evaluation, be equipped with an automatic ambient fail detection system. This requirement is included in the 2014 ATC equipment evaluation standards at page 5:

The 2013 ATC Recommended Standards provision read as follows at page 4:

The 2009 ATC Recommended Standards provision read as follows at page 5:

The obvious purpose of these requirements is to ensure that any "approved instrument" is able to automatically control for ambient ethyl alcohol (and other interferents) in the breath room and trigger an error message if ambient conditions exceed a threshold of 10 mg/100 mls. The requirement is considered a condition precedent to the reliability of future cal checks and subject tests on the future "approved instrument" being evaluated.

It is respectfully submitted that any actions by a qualified technician to modify, disconnect, or disable the ambient fail system on an approved instrument such as the Intoxilyzer® 8000C either changes the "nature or kind" of the approved instrument (see Code section 254(1)"approved instrument") or constitutes operator error (under section 258(1)(c)).

#ambientfail #reliability #tip

138 views0 comments

© 2020 Allbiss Lawdata Ltd. All rights reserved. This is not a government web site.



For more information respecting this database or to report misuse contact: Allbiss Lawdata Ltd., 303-470 Hensall Circle, Mississauga, Ontario, Canada, L5A 3V4, 905-273-3322. The author and the participants make no representation or warranty  whatsoever as to the authenticity and reliability of the information contained herein.  WARNING: All information contained herein is provided  for the purpose of discussion and peer review only and should not be construed as formal legal advice. The authors disclaim any and all liability resulting from reliance upon such information. You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney. 

WARNING: Please do not attempt to use any text, image, or video that you see on this site in Court. These comments, images, and videos are NOT EVIDENCE. The Courts will need to hear evidence from a properly qualified expert. The author is not a scientist. The author is not an expert. These pages exist to promote discussion among defence lawyers.


Intoxilyzer®  is a registered trademark of CMI, Inc. The Intoxilyzer® 5000C is an "approved instrument" in Canada.
Breathalyzer® is a registered trademark of Draeger Safety, Inc., Breathalyzer Division. The owner of the trademark is Robert F. Borkenstein and Draeger Safety, Inc. has leased the exclusive rights of use from him. The Breathalyzer® 900 and Breathalyzer® 900A were "approved instruments" in Canada.
DrugTest® 5000 is also a registered trademark of Draeger Safety, Inc.. DrugTest® 5000 is "approved drug screening equipment" in Canada.
Alcotest® is a registered trademark of Draeger Safety, Inc. The Alcotest® 7410 GLC and 6810 are each an "approved screening device" in Canada.
Datamaster®  is a registered trademark of National Patent Analytical Systems, Inc.  The BAC Datamaster® C  is an "approved instrument" in Canada.