The Carry-over Effect: Lack of Blanks between tests leads to false positive or inflated BAC results

Harrisburg DUI Lawyer false BAC resultImagine. You go into your doctor’s office for a routine physical. As part of that routine physical, the doctor takes your blood. You come back two weeks later where the doctor delivers the single worst sentence you have ever heard in your life: “I’m sorry but you have cancer.” Then comes ever worse news from the doctor when the doctor says: “You have one possible chance at living. You have to undergo radical chemotherapy and a bone marrow transplant immediately.” You are shocked. You are young. You feel healthy. There is no family history of cancer.


After you recover as much as you can from the initial shock, you ask the doctor: “How do you know?” The doctor tells you that your blood sample that the doctor took two weeks ago was sent to the lab for routine testing using a test called a Complete Blood Count (CBC) examining your blood contents along with many other people from his practice. The doctor informs you that based upon the test run you have an abnormally high White Blood Cell Count (WBC) which is indicative of malignancy. You are floored. Still in disbelief, he shows you the result. As the doctor hands you the result, the doctor explains to you that at this lab, the lab runs a bunch of CBC tests right in a row using the same single testing instrument. That as a cost and time saving measure, the lab does not perform tests in-between each of his patient tests to make sure the device is clear thus making sure each test is only a report unique to that particular test and not due to the previous test.
 

While looking at the result, you note that your sample was labeled as sample 14 meaning that there were 13 others tested before yours. You ask the doctor about that. He pulls out his other reports and discovers that immediately before your test, there was a test done of his other patient who was unfortunately in Stage III or terminal end stage of cancer but who is still fighting with a superhigh WBC result. The doctor tells you about this other patient’s results and condition. The doctor gets a visible frown on his face. Despite all of this information, the doctor still tries to schedule the chemotherapy and the bone marrow transplant.
 

You have got to be thinking to yourself…no way. I would not undergo all of that based upon the way the tests were performed. That’s crazy.

Well, exactly that type of testing and evidence is what happens in Court every day and all day long in DUI and DUI Drug cases in the United States. It is reckless and shameful.
 

When you are accused of a crime that is almost entirely based on a numeric value, which is essentially what occurs in a prosecution based strictly on a reported Blood Alcohol Content result or a DUI Drugs case, we all want to be sure that the result is accurate, precise, repeatable, reliable, traceable, reproducible, robust and true being unique to that individual accused and that individual accused alone. However, as we discussed before "A large problem in Gas Chromatography: No uniform standard for GC run position or composition", namely there is no order or reason as to what goes into the autosampler carousel and in what order the samples go into the autosampler.
 

This lack of standardization, even within the same lab and even from run to run made by the same technician, and especially with the nearly absent use of blanks is one of the fundamental flaws of Gas Chromatography for ETOH or drugs of abuse testing in America. In my considered opinion and in the general scientific community (as opposed to the law enforcement community), it is the single largest and most basic systemic problem with the way that Gas Chromatography is practiced in forensic testing today.
 

With this post, I will explain how the lack of using a blank before and after each unknown sample run invites well-deserved scientific scrutiny and rightly calls into question the conclusory reported and alleged result in every single case.
 

But first some background:
 

What is a blank?
 

Simply and generally, in analytical chemistry a blank is a sample that is prepared using the same methods that an unknown would be prepared within the run simply without the unknown added.
 

Ok, let’s translate that. In our case of assaying an accused’s blood which contains an unknown amount of analyte of interest (e.g., drugs of abuse or ETOH) is typically prepared by diluting the sample by adding a known amount of internal standard which is typically n-propanol when the unknown looked for is ETOH. [Blogger’s note: in the future a detailed post will be used to examine the use and potential problems when internal standards are used]. When a blank is created, the same exact amount of n-propanol that is added to the accused’s blood is added to a sample jar (in our case a headspace vial) but with no blood added. In simpler terms, it is a virgin sample with only n-propanol added. As a result, as there is only n-propanol, there should only be one peak on the chromatogram which corresponds to n-propanol. The lack of any other peaks is where the name of “blank” comes from in the analytical world.
 

Harrisburg DUI Lawyer blank chromatogram carry over effect
(Pictured above:  a blank with only n-propanol)

 

Why is this important?

In a phrase “carry-over effect” in another phrase an inaccurate inflated reported Blood Alcohol Content. Simply put, a false Blood Alcohol Content result. Think of it as contamination.
 

In analytical chemistry, carry-over effect can be thought in terms of pick up. When a carry-over event occurs the sample “picks up” the analytes of interest from a previous sample. A carryover effect is an effect that "carries over" from one experimental condition to another. It is a form of contamination from one sample to another.

Carry over in gas chromatography analysis can come from three typical sources: first, autodiluting [Blogger’s note: an entire future post will be dedicated to this concept]; second, injector contamination [Blogger’s note: an entire future post will be dedicated to this concept]; and third, remaining analyte on the column.
 

Whether direct injection or an autosampler is used, without a blank inserted before and after an unknown, then there is no way of scientifically knowing the alleged reported result is unique to that particular sample.
 

Until this very basic systemic flaw is solved, then it cannot be responsibly and scientifically asserted that the reported result is unique to the unknown analysis and not carried over from another analysis.

Harrisburg DUI Lawyer carry-over effect in gas chromatography
  (Pictured above:  an over lay of chromatograpms where in green there is the electrical signal as detected by a Flame Ionization detector when a Resolution Control Standard or Separation chromatogram is generated and in black is the blank run)

It is so easy to solve, yet no one seems to care. You just insert a blank. I guess the forensic science community doesn’t care because the result doesn’t affect them.
 

As an illustration, I draw your attention to a past post as a concrete example for this discussion.  In "Highest reported BAC .708: I call Shenanigans", we discussed an extremely high reported BAC result.  Much like our cancer example, would you like to be the next test sample after that superhigh result?  I would think not.

How about we start doing things in a scientifically responsible manner and run blanks in-between unknowns????

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-Justin J. McShane, Esquire, Pennsylvania DUI Attorney

I am the highest rated DUI Attorney in PA as Rated by Avvo.com

You can follow me on Twitter, Facebook or Linkedin

Harrisburg DUI Lawyer Justin J McShane Esquire earns
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Why saying the sample was run on a gas chromatograph is nearly meaningless

Saying the sampling was done on a Gas Chromatograph is like saying that you won a car.  Both description are useful in that they help differentiate. 

  • In the case of all vehicles, it is useful to distinguish cars from trucks or motorcycles.
  • Whereas in the case of chemical testing, it is useful to distinguish gas chromatography from enzymatic assay testing or breath testing.  

But neither initial descriptions give any idea of specifics.

  • In the case of cars, there are different makes, models  and years.
  • Whereas, in gas chromatography there are many different options.

This is why when you are a citizen among us who has been accused of a DUI and the magic number (i.e., the alleged BAC result) is derived from a purported Gas Chromatography result, you need to find a DUI lawyer who knows a lot about the scientific process and what precisely and in detail the configuration and the method of Gas Chromatography used.  You shouldn't settle for simply someone who has heard of it, but you deserve someone who is a near expert in Gas Chromatography.  So, ask some questions of your potential DUI lawyer.  See what level of familiarity and detail he/she may have.  If their description amounts to a simple answer like its "a car" in our analogy, then maybe you need to look elsewhere.

I had wrote very generally on Gas Chromatography before and the specific training that I had received through the American Chemical Society and Axiom Labs at:

Gas Chromatography and why is it is so important to Pennsylvania DUI arrests

I had further posted on Crimping a Headspace Vial in Gas Chromatography: How not putting the "lid on the jar" can lead to disaster in a DUI case and A large problem in Gas Chromatography: No uniform standard for GC run position or composition

Now let's take it to another level and start to look at the variations in configuration to turn the description of "a car" into something much more meaningful.  This post will focus on the various non-programmable hardware-related or configuration-related issues.  The specifics of the configuration.  A future post will focus on the programmable or process/protocol-related issues.

In terms of configuration the variables in modern gas chromatography for ETOH or drugs of abuse determination include:

Carrier gas:  In America typically helium is used as the inert gas used to "push" the analytes through the system; although hydrogen is the second most popular method.  [Blogger's note:  More will be written on this distinction and specifically on the need for blanks between unknown samples]

Harrisburg DUI Lawyer carrier gas  Harrisburg DUI Lawyer GC with hydrogen generator

(pictured above left:  a Gas Chromatograph with helium tank as the carrier gas; and above right:  a Gas Chromatograph with hydrogen generator-the blue box to the right)

Internal standard:  It is a substance added to achieve an "artificial peak" in chromatography when measuring an unknown and in analytical chemistry, it is a chemical substance that is added in a constant amount to samples, the blank and calibration standards in a chemical analysis. The ratio of the unknown analyte signal to the internal standard signal as a function of the analyte concentration of the standards and hence can achieve a known result.  Generally, in alcohol testing it is n-propanol, but for drugs of abuse in particular other internal standards can be used.  [Blogger's note:  In the future more will be written on the importance of this distinction and especially in terms of the salting out effect]

Injection type:  Direct injection versus headspace methodology versus autosampler  [Blogger's note:  In the future more will be written on the importance of this distinction]

 Harrisburg DUI Lawyer injector port for GC gas chromatography  Harrisburg DUI Lawyer with headspace autosampler

(pictured above to the left is an injection port where one may do a direct injection; and above right is an headspace autosampler) [to see an autosampler in action please go to: A large problem in Gas Chromatography: No uniform standard for GC run position or composition]

Harrisburg DUI Lawyer manual headspace sampler  Harrisburg DUI Lawyer GC headspace installed

(pictured above left is a manual headspace sampler; and pictured above right is an installed headspace autosampler on a gas chromatograph)

Column:  Not all columns are the same.  There are two basic types:  capillary versus packed.  Generally in modern gas chromatography for ETOH and drug of abuse testing, capillary columns are used.  However, there is no universal column (e.g., Restek BAC 1, Restek BAC 2, Agilent DB-ALC 1, Agilent DB-ALC 2, Rxi™-5ms, DB-5)  What type of capillary column is installed majorly affects specific performance.

 Harrisburg DUI Lawyer packed column GC2 Harrisburg DUI Lawyer packed column GC

(pictured above left:  uninstalled packed column; and pictured above right:  installed packed column inside of gas chromatograph)

Harrisburg DUI Lawyer uninstalled capillary column  Harrisburg DUI Lawyer with capillary column

(pictured above left:  uninstalled capillary column; and pictured above right:  installed capillary column inside of gas chromatograph)

Number of columns:  The gas chromatograph can be set up so as to accept a single column or two which is referred to as dual columns.  With dual column configuration duplicate testing is possible.

Harrisburg DUI Lawyer dual column inside

(pictured above:  a dual column configuration)

Detector:  Without a detector, a gas chromatograph is just a screening device as it can only denote separation between analytes of interest and not the quantification of those analytes.  The addition of a detector makes the qualitative measure achieved by the gas chromatograph itself (i.e., the separation characteristic) into a combination of qualitative measurement with the quantitative measurement (as achieved separately by the detector).  In gas chromatography there are so many possible detectors that are used, but primarily for ETOH and drugs of abuse testing of unknowns, flame ionization detectors (usually used in ETOH determinations) and/or mass spectrometry (usually used in drugs of abuse) is used.  With mass spectrometry different detectors are available such as Triple Quadrupole configuration.  [Blogger's note:  Much more will be written on this later]

Harrisburg DUI Lawyer GC-MS with autosampler  Harrisburg DUI Lawyer GC-MS opened

(pictured above left:  a gas chromatograph with a flame ionization detector using an autosampler; and pictured above right:  on the left an open mass spectrometer and on the right an open gas chromatograph)

Harrisburg DUI Lawyer FID flame ionization detector    Harrisburg DUI lawyer exploded view of flame ionization detector

(pictured above left:  an installed FID or Flame Ionization Detector; pictured above right:  an exploded view of flame ionization detector)

Multiple injectors and multiple detectors: There is no end to the configurations that one can develop.  There are GC-FID, GC-MS-MS.  One can have a GC with multiple injector ports too.

 Harrisburg DUI Lawyer 2 FID 2 columns and dual injector ports  Harrisburg DUI Lawyer Dual FIDs

(pictured above left:  2 FIDs 2 columns and dual injector ports; and pictured above right:  close up of dual Flame Ionization Detectors)

Harrisburg DUI Lawyer GC-MS-MS    Harrisburg DUI Lawyer dual injectors

(pictured above left:  a GC-MS-MS; pictured above right:  dual injector ports)

An overall perspective

Harrisburg DUI Lawyer inside of GC-FID oven (pictured above:  Can your DUI attorney identify the basics?  What do the different color arrows represent? If you are a good defense attorney go ahead and post the answer and get credit)

 

In order to determine whether or not a test is accurate, precise, traceable, reliable, repeatable, trustworthy and true, we must look at these differences.  In order to determine whether or not your DUI attorney knows what he or she is doing, then they must know all of this at a very minimum.

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-Justin J. McShane, Esquire, Pennsylvania DUI Attorney

I am the highest rated DUI Attorney in PA as Rated by Avvo.com

You can follow me on Twitter, Facebook or Linkedin

Harrisburg DUI Lawyer Justin J McShane Esquire earns
criminal law certification throguh NBTA

Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency

A large problem in Gas Chromatography: No uniform standard for GC run position or composition

I try to learn everything that I can about analytical testing.  Not being a scientist and only being a lawyer, I am an outsider to this fascinating world.  I find that as I learn more, more questions present themselves.  As an outsider last year l learned something that really kind of surprised me. 

When Gas Chromatography is used and especially when an auto-sampler for Headspace Gas Chromatography (HSGC) is used, there is no universal standard operating procedure as to what headspace vial goes into what position and what minimum standards comprise a auto-sampler Headspace Gas Chromatography run.

(above video an auto-sampler)

But why does this matter?

Harrisburg DUI Lawyer knows headspace gas chromatography

As a nationally known DUI attorney and having received forensic expert training, I get weekly calls from colleagues from Georgia, Tennessee, New Hampshire, California, Arizona and elsewhere about Gas Chromatography.  I love it. I thank my colleagues for the trust in consulting with me.  It is amazing to me to see the variation.  The variation is not only from state to state, but also from labs within a state and yes, even from technicians within one lab.  Wow!

So if there is no uniformity, then there can be no consistency.  There are large issues that can emerge with this approach.  I have personally seen the following:

  1. An entire run without a single blank (Pennsylvania)
  2. An entire run without positive controls (New Hampshire)
  3. An entire run without a separation matrix that would prove separation between methanol, ethanol, isopropanol or butanol at the very least (Georgia, Tennessee)
  4.  No calibrators within the run (Texas)
  5. A "historical calibration curve" used as a calibration curve where the columns were actually replaced between the columns that produced the "historical calibration curve" and the columns that were used to test this unknown (Pennsylvania)
  6. A lack of blanks run between unknowns to prove lack of carry-over effect (everywhere) [Blogger’s note: a more comprehensive post on this will follow]

 

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-Justin J. McShane, Esquire, Pennsylvania DUI Attorney

I am the highest rated DUI Attorney in PA as Rated by Avvo.com

You can follow me on Twitter, Facebook or Linkedin

Harrisburg DUI Lawyer Justin J McShane Esquire earns
criminal law certification throguh NBTA

Board Certified Criminal Trial Advocate
By the National Board of Trial Advocacy
A Pennsylvania Supreme Court Approved Agency