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"Ruane claims the lung capacity of a black man is 3 percent smaller than a white man and, therefore, black men's test results vary from the sobriety standard set by the device.. He said Dr. Michael Hlastala, a lung physiologist at the University of Washington, examined research of other lung physiologists and, based on his studies, has determined the Intoxilyzer 5000 does not effectively test the blood-alcohol content of black men."