PBT: Daubert vs. Daubert

Sharper Image agreed to stop selling personal breath test devices and pay $1.2 million in restitution as a part of a settlement regarding the device. The company claimed the "Digital Breath Alcohol Tester" was accurate to .001 percent BAC, they are also to pay $100,000 in penalties for the ficticious claims. Apparently a city employee compared the results with one used by the cities police department, which only leaves unanswered questions-Was RFI involved in either of the reads?Is this employee qualified to use them? Do they understand mouth alcohol and the time it dissipates?Was either PBT right?How does one know the police issued machine is the correct? Even if a device is specific to alcohol, it most likely is not specific to ethanol, and some other forms of alcohol last longer and will trigger an erroneous read. The list goes on, but as pointed out through much research and past posts/links here, there are too many factors when measuring the contents of blood by breath, to ever get an accurate read! Partition ratio, RFI, endogenous, food combinations, mouth alcohol, equilibrium, breathing, calibration............
http://www.businessweek.com/ap/financialnews/D8INE6780.htm?sub=apn_news_down&chan=dbhttp://www.martinrothonline.com/personalhealthmonitor/ http://www.montereyherald.com/mld/montereyherald/news/breaking_news/14989509.htm