Drunk Driving

Drunk Japan ◽  
2020 ◽  
pp. 79-99
Author(s):  
Mark D. West
Keyword(s):  
Drunk Driving ◽  
Blood Alcohol ◽  
Breath Alcohol ◽  
The World

Japanese drunk driving laws are among the strictest in the world and are stricter than those of any U.S. state. Yet despite considerable drinking in Japan, drunk driving arrests and prosecutions are relatively rare. When cases reach the courtroom, Japanese judges apply an extraordinary range of tests to determine liability. Sometimes they rely on blood alcohol or breath alcohol results, and sometimes they don’t. Sometimes they rely on subjective observations of intoxication, and sometimes they don’t. Sometimes they rely on factors unrelated to drinking or driving to determine liability both for drivers and for passengers alike.

4. Are a Blood Alcohol Concentration of 256mg/dl and Minimal Signs of Impairment Reliable Indications of Alcohol Dependence?

1994 ◽  
Vol 34 (3) ◽  
pp. 265-270 ◽  
Author(s):  
A W Jones
Keyword(s):  
Expert Witness ◽  
Blood Alcohol Concentration ◽  
Drunk Driving ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Blood Alcohol ◽  
Lower Court ◽  
Dna Profile ◽  
Court Of Appeals ◽  
Driving Scenario

This article describes a drink-driving scenario where a woman was apprehended for driving under the influence (DUI) with a blood alcohol concentration (BAC) of 256mg/dl1 The correctness of this result was vigorously challenged by a medical expert witness for the defence, who was actually a specialist in alcohol diseases. Despite reanalysis to confirm the BAC as well as a DNA profile to prove the identity of the blood specimen, the woman was acquitted of the charge of drunk driving by the lower court. However, she was subsequently found guilty in the High Court of Appeals with a unanimous decision and sentenced to four weeks imprisonment. This case report illustrates some of the problems surrounding the use of expert medical evidence by the defence to challenge the validity of the prosecution evidence based solely on a suspect's BAC. In situations such as these, an expert witness should be called by the prosecution to clarify and, if necessary, rebut medical and/or scientific opinions that might mislead the court and influence the outcome of the trial.

scholarly journals The impact of total body water on breath alcohol calculations

2020 ◽  
Vol 132 (17-18) ◽  
pp. 535-541
Author(s):  
Gregor S. Reiter ◽  
Markus Boeckle ◽  
Christian Reiter ◽  
Monika H. Seltenhammer
Keyword(s):  
Total Body Water ◽  
Elimination Rate ◽  
Test Group ◽  
Body Water ◽  
The Body ◽  
Blood Alcohol ◽  
Individual Parameter ◽  
Breath Alcohol ◽  
Total Body ◽  
The Impact

Summary Due to a legislative amendment in Austria to determine breath alcohol (BrAC) instead of blood alcohol (BAC) in connection with traffic offences, many results of blood alcohol calculations were simply converted using distinct conversion factors. In Austria, the transformation of BAC to BrAC was carried out by using a factor of 1:2000, which, however, is commonly known to be too low. Noticing the great demand for a calculation method that is not exclusively based on blood alcohol, a formula for calculating breath alcohol based on blood alcohol was published in 1989, but in which the body surface area (BSA) was considered the most important influencing variable. In order to refine this new method, a liquor intake experiment was conducted combined with measurements of total body water (TBW) as an additional variable, using hand to foot bioelectrical impedance assessment (BIA). The test group comprised 37 men and 40 women to evaluate the accuracy of TBW and BSA as an individual parameter for alcohol concentration. The correlation coefficient of BrAC with TBW was constantly higher than with BSA (maximum = 0.921 at 1 h and 45 min after cessation of alcohol intake). These results are valid for both men and women as well as in a gender independent calculation. Hence, for an accurate back calculation of BrAC adjusted values of eliminations rates had to be found. This study describes mean elimination rates of BrAC for both men (0.065 ± 0.011 mg/L h−1) and women (0.074 ± 0.017 mg/L h−1). As previously shown women displayed a significantly higher elimination rate than men (p = 0.006).

Punishment and Deterrence: Evidence from Drunk Driving

2015 ◽  
Vol 105 (4) ◽  
pp. 1581-1617 ◽  
Author(s):  
Benjamin Hansen
Keyword(s):  
Regression Discontinuity ◽  
Drunk Driving ◽  
Driving Under The Influence ◽  
Blood Alcohol ◽  
Alcohol Content ◽  
Blood Alcohol Content ◽  
Percentage Points ◽  
Drunk Drivers

I test the effect of harsher punishments and sanctions on driving under the influence (DUI). In this setting, punishments are determined by strict rules on blood alcohol content (BAC) and previous offenses. Regression discontinuity derived estimates suggest that having a BAC above the DUI threshold reduces recidivism by up to 2 percentage points (17 percent). Likewise having a BAC over the aggravated DUI threshold reduces recidivism by an additional percentage point (9 percent). The results suggest that the additional sanctions experienced by drunk drivers at BAC thresholds are effective in reducing repeat drunk driving. (JEL I12, K42, R41)

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