Le Lézard
Classified in: Science and technology
Subjects: LAW, SVY

CDOT's 'Know Before You Go' Campaign Has a Big Problem: A Breathalyzer App That's Not Backed by Evidence, Data


DENVER, Oct. 2, 2017 /PRNewswire/ --  Using an app to stay in touch with friends or to split a restaurant bill is one thing....but using an app to prevent the potentially deadly consequences of driving while under the influence? Colorado Department of Transportation (CDOT) does, indeed, have an app for that, but not one that's peer-reviewed -- or backed up by data ? according to expert, Jay Tiftickjian of Tiftickjian Law Firm, P.C.

CDOT has partnered with BACtrack, a manufacturer of personal breathalyzers, to offer Colorado residents a mobile breathalyzer device that communicates with a user's smartphone via an app. This app quickly gives its users an answer to the question "should I drive or not?"

Historically, breathalyzer tests have been exclusively administered by trained (and sober) law enforcement officials. Now, CDOT is encouraging people who have been consuming alcohol to test themselves. In Colorado, the BAC limit for a DUI is .08 percent; the BAC legal inference for driving while ability impaired (DWAI) is .051 percent. There exists a very fine line between when a driver is safe to operate a vehicle and when they're an offender handling a deadly weapon.

With the CDOT actively encouraging drinkers to perform their own breathalyzer tests, one might assume that this is a peer-reviewed and consumer-tested app. Unfortunately, that does not appear to be the case.

Human Error is a Potential Issue

Human error, especially when the humans in question have been consuming alcohol, is a pervasive issue. In fact, the manufacturers of BACtrack recommend that the user conduct multiple breath tests to avoid "human error." Accuracy can't be guaranteed: if a person drank five shots within 15 minutes and then immediately used the breathalyzer without waiting, it's quite possible that their BAC will fall below Colorado's DWAI or DUI limits. 

Environmental Factors Can Influence Readings

Environmental factors, such as chemical and paint fumes, can cause readings to go haywire, as can everyday chemicals such as mouthwashes and breath fresheners. Technical issues appear to be a problem, with reviews reporting glaring inaccuracies: in one review, an app user stated, "[The] reading will be totally off if [the] battery is low, which takes a month or less to happen." Another review comments that the device still reads zero after two drinks have been consumed.

No Control Group or Double-Blind Study

With the obvious issues of human error and accuracy at play, one would hope that the working efficacy of BACtrack would have been established with solid scientific procedures, tested by a representative sample population, confirmed by a control group and backed up by a double-blind study.

CDOT did, in fact, conduct a survey with 226 residents of Colorado; however, the group is hardly representative: participants were sourced by handing out breathalyzers to people who were either at a Denver brewery or at the CDOT itself. The question of how participants fared versus the control group can't be answered at this time, as there was no control group. Further, a double-blind study was not conducted. It seems that the study yielded few, if any, usable results. In a press release published by CDOT on this study, the strongest claim is as follows: "84 percent of participants agreed that owning a smartphone breathalyzer lowered their risk for a DUI/DWAI".

The Bottom Line: Further Studies Are Needed

The accuracy of the BAC reading is largely dependent upon the person using the app; the research supporting the efficacy and safety of CDOT's BACtrack appears to be, at best, perilously lacking. With the issue of human life at stake, the Colorado Department of Transportation's choice to promote a do-it-yourself breathalyzer is one that clearly needs further examination. For our full analysis of CDOT's Breathalyzer program, click here.

About Jay Tiftickjian: Tiftickjian Law Firm, P.C. is a Colorado law firm with a focus on DUI defense, drug related charges and major traffic offenses. Criminal defense attorney Jay Tiftickjian has written numerous books on DUI and drug law, and has been voted "Best DUI Lawyer" in Colorado by the state's official bar journal every year since 2013. Visit us at: https://www.criminallawdenver.com/.

Media contact:
Jay Tiftickjian
[email protected] 
303-991-5896

SOURCE Tiftickjian Law Firm, P.C.


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