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.

Alcohol Problems and Blood Alcohol Concentration among Swedish Drivers Suspected of Driving under the Influence

2005 ◽  
Vol 32 (3) ◽  
pp. 387-404 ◽  
Author(s):  
Hans Bergman ◽  
Beata Hubicka ◽  
Hans Laurell
Keyword(s):  
Blood Alcohol Concentration ◽  
Drunk Driving ◽  
Alcohol Concentration ◽  
Alcohol Problems ◽  
Driving Under The Influence ◽  
Blood Alcohol ◽  
Specific Interest ◽  
Identification Test ◽  
Audit Information ◽  
Large Representative

The purpose of the study was to map alcohol problems in relation to blood alcohol concentration in a large representative sample of male and female Swedish drivers suspected of drunk driving. Twenty-one hundred suspected DUI offenders (drivers suspected of driving under the influence of alcohol) were assessed with the Alcohol Use Disorders Identification Test (AUDIT). Information from the police regarding BAC, age, gender, and place and time of the stop was also collected. More than half (58%) of the suspected DUI offenders had alcohol problems, and among these 24% had high levels of alcohol problems. Of specific interest was the observation that almost half (46%) of the suspects with a BAC below the Swedish legal limit of 0.02% had alcohol problems, a prevalence that did not increase until a BAC of 0.10%–0.15%. It can be concluded that the mere suspicion of drunk driving indicates alcohol problems.

scholarly journals Racial/Ethnic Disparities in the Relationship of Alcohol-Related Injury and Perceived Driving Under the Influence from Hours of Exposure to High Blood Alcohol Concentration: Data From Four US National Alcohol Surveys (2000–2015)

2020 ◽  
Vol 55 (5) ◽  
pp. 564-570
Author(s):  
Cheryl J Cherpitel ◽  
Edwina Williams ◽  
Yu Ye ◽  
William C Kerr
Keyword(s):  
Blood Alcohol Concentration ◽  
Ethnic Disparities ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Blood Alcohol ◽  
Concentration Data ◽  
Predicted Probability ◽  
Exposure Levels ◽  
Relationship Of ◽  
Racial Ethnic

Abstract Aims To analyze racial/ethnic disparities in risk of two alcohol-related events, alcohol-related injury and self-reported perceived driving under the influence (DUI) from hours of exposure to an elevated blood alcohol concentration (BAC). Methods Risk curves for the predicted probability of these two outcomes from the number of hours of exposure to a BAC ≥ 0.08 mg% in the past year were analyzed separately for whites, blacks and Hispanics in a merged sample of respondents from four US National Alcohol Surveys (2000–2015). Results Hours of exposure to a BAC ≥ 0.08 showed a stronger association with perceived DUI than with alcohol-related injury for all racial/ethnic groups. Greater risk was found for whites than blacks or Hispanics for outcomes at nearly all BAC exposure levels, and most marked at the highest level of exposure. Risk of both outcomes was significant for whites at all exposure levels, but small for alcohol-related injury. Little association was found for alcohol-related injury for blacks or Hispanics. For perceived DUI, risk for blacks was significantly elevated at lower levels of exposure, while risk for Hispanics was significantly elevated beginning at 30 h of exposure. Conclusions Findings showed racial/ethnic differences in risk of alcohol-related injury and perceived DUI from hours of exposure to elevated BAC. Risk increased at relatively low levels of exposure to a BAC ≥ 0.08, especially for whites, highlighting the importance of preventive efforts to reduce harmful outcomes for moderate drinkers.

scholarly journals The effect of lowering the legal blood alcohol concentration limit on driving under the influence (DUI) in southern Taiwan: a cross-sectional retrospective analysis

BMJ Open ◽  
2019 ◽  
Vol 9 (4) ◽  
pp. e026481 ◽  
Author(s):  
Yu-Chin Tsai ◽  
Shao-Chun Wu ◽  
Jin-Fu Huang ◽  
Spencer C H Kuo ◽  
Cheng-Shyuan Rau ◽  
...  
Keyword(s):  
Blood Alcohol Concentration ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Concentration Limit ◽  
Blood Alcohol ◽  
Helmet Use ◽  
Before And After ◽  
Southern Taiwan ◽  
Car Crashes ◽  
Motorcycle Crashes

ObjectivesWe aimed to profile the epidemiological changes of driving under the influence (DUI) in southern Taiwan after the legal blood alcohol concentration (BAC) limit was lowered from 50 to 30 mg/dL in 2013.SettingLevel 1 trauma medical centre in southern Taiwan.ParticipantsData from 7447 patients (4375 males and 3072 females) were retrieved from the trauma registry system of a single trauma centre to examine patient characteristics (gender, age and BAC), clinical outcome variables (Abbreviated Injury Score, Injury Severity Score and mortality) and vehicular crash-related factors (vehicle type, airbag use in car crashes, helmet use in motorcycle crashes and time of crash) before and after the BAC limit change.ResultsOur results indicated that the percentage of DUI patients significantly declined from 10.99% (n=373) to 6.64% (n=269) after the BAC limit was lowered. Airbag use in car crashes (OR: 0.30, 95% CI 0.10 to 0.88, p=0.007) and helmet use in motorcycle crashes (OR: 0.20, 95% CI 0.15 to 0.26, p<0.001) was lower in DUI patients compared with non-DUI patients after the BAC limit change, with significant negative correlation. DUI behaviour increased crash mortality risk before the BAC limit change (OR: 4.33, 95% CI 2.20 to 8.54), and even more so after (OR: 5.60, 95% CI 3.16 to 9.93). The difference in ORs for mortality before and after the change in the BAC legal limit was not significant (p=0.568).ConclusionThis study revealed that lowering the BAC limit to 30 mg/dL significantly reduced the number of DUI events, but failed to result in a significant reduction in mortality in these trauma patients.

scholarly journals Geographical Detection of Traffic Accidents Spatial Stratified Heterogeneity and Influence Factors

2020 ◽  
Vol 17 (2) ◽  
pp. 572 ◽  
Author(s):  
Yuhuan Zhang ◽  
Huapu Lu ◽  
Wencong Qu
Keyword(s):  
Influencing Factors ◽  
Traffic Accident ◽  
Traffic Accidents ◽  
Blood Alcohol Concentration ◽  
Drunk Driving ◽  
Alcohol Concentration ◽  
Control Measures ◽  
Time Interval ◽  
Strong Impact ◽  
Blood Alcohol

The purpose of this paper is to investigate the existence of stratification heterogeneity in traffic accidents in Shenzhen, what factors influence the casualties, and the interaction of those factors. Geographical detection methods are used for the analysis of traffic accidents in Shenzhen. Results show that spatial stratification heterogeneity does exist, and the influencing factors of fatalities and injuries are different. The traffic accident causes and types of primary responsible party have a strong impact on fatalities and injuries, followed by zones and time interval. However, road factors, lighting, topography, etc., only have a certain impact on fatalities. Drunk driving, speeding over 50%, and overloading are more likely to cause more casualties than other illegal behaviors. Speeding over 50% and speeding below 50% have significant different influences on fatalities, while the influences on injuries are not obvious, and so do drunk driving (Blood Alcohol Concentration ≥ 0.08) and driving under the influence of alcohol (0.08 > Blood Alcohol Concentration ≥ 0.02). Both pedestrians and cyclists violating the traffic law are vulnerable to fatality. Heavy truck overloading is more likely to cause major traffic accidents than minibuses. More importantly, there are nonlinear enhanced interactions between the influencing factors, the combination of previous non-significant factors and other factors can have a significant impact on the traffic accident casualties. The findings could be helpful for making differentiated prevention and control measures for traffic accidents in Shenzhen and the method selection of subsequent research.

scholarly journals Combating drunken driving: Questioning the validity of blood alcohol concentration analysis

2016 ◽  
Author(s):  
Ursula Ehmke ◽  
Lorraine Du Toit-Prinsloo ◽  
Christelle Deysel ◽  
Joyce Jordaan ◽  
Gert Saayman
Keyword(s):  
Blood Alcohol Concentration ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Chemistry Laboratory ◽  
Blood Alcohol ◽  
Sample Collection ◽  
Validity Of Results ◽  
Average Delay ◽  
Sample Management ◽  
Drunken Driving

The reliability and accuracy of blood alcohol concentration (BAC) results presented in South African courts of law in respect of possible driving under the influence (DUI) cases, have in recent years been subjected to intense scrutiny and severe criticism.  Research has shown that multiple factors may negatively impact on the reliability of results obtained from the analysis of such samples - including inappropriate or non-standardised sample management after acquisition thereof.  In particular, long delays between sample acquisition and the analysis thereof may compromise the validity of results.  Such delays may also negatively affect the outcome of both criminal and civil legal proceedings in possible DUI cases.  A retrospective descriptive study was conducted on records from the Pretoria Forensic Chemistry Laboratory (PFCL) regarding the relevant dates pertaining to blood samples from deceased persons which were received for analysis. These parameters included the date of sample acquisition at medico-legal mortuaries, delays in submission of samples to the laboratory and date of actual analysis.  In addition, the expiration dates of sample collection kits were recorded.  Our results show that numerous expired kits were utilised and that there was an average delay of approximately five months between sample acquisition and laboratory analysis thereof.  This delay period varied greatly but appears to correlate with geographical distance of the medico-legal mortuary from the PFCL.  In order to optimise and facilitate the administration of justice in both criminal and civil cases of alleged DUI, these shortcomings should be urgently addressed.  It is argued that the implementation of prescribed measures and standard operating procedures in sample management, together with other interventions such as accreditation of laboratories and improved resourcing of medico-legal and toxicology laboratories, is urgently required.

An Overview of Alcohol Testing and Interpretation in the 21st Century

2012 ◽  
Vol 25 (1) ◽  
pp. 30-36 ◽  
Author(s):  
Anna T. Kelly ◽  
Ashraf Mozayani
Keyword(s):  
Drug Testing ◽  
Human Performance ◽  
Blood Alcohol Concentration ◽  
Forensic Toxicology ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Ethyl Glucuronide ◽  
Blood Alcohol ◽  
Sample Collection ◽  
Alcohol Testing

Ethanol analysis is the most commonly carried out drug testing in a forensic toxicology laboratory. Determination of blood alcohol concentration (BAC) is needed in a multitude of situations, including in postmortem analysis, driving under the influence (DUI) and drug-facilitated sexual assault (DFSA) cases, workplace drug monitoring, and probation investigations. These analyses are carried out by direct measurement of ethanol concentrations as well as of metabolic by-products, such as ethyl glucuronide (EtG) and ethyl sulfate (EtS). This review article will discuss pharmacokinetics, including absorption, distribution, and elimination of ethanol, methods for the detection of ethanol, the effect of ethanol on human performance, the role of alcohol in injuries and fatalities, and information regarding the interactions that may occur between alcohol and other drugs. Finally, an explanation will be given on how to interpret alcohol levels as well as the extrapolation and calculation of blood alcohol levels at times prior to sample collection.

scholarly journals PREVALENCE OF UNSOLVED DRINKING PROBLEMS FOR DUI DRIVERS REFERRED FOR MEDICAL EVALUATION IN SWITZERLAND

2015 ◽  
Vol 3 (9) ◽  
pp. 14-22
Author(s):  
M. De Cesare ◽  
V. Jomini ◽  
R. Selz ◽  
P. Mangin ◽  
P. Vaucher ◽  
...  
Keyword(s):  
Blood Alcohol Concentration ◽  
Drunk Driving ◽  
Alcohol Concentration ◽  
Driving Under The Influence ◽  
Drinking Problems ◽  
Medical Evaluation ◽  
Drinking Problem ◽  
Driver's License ◽  
First Time ◽  
Swiss Institute

Estimate the proportion of heavy DUI offenders who do not initiate a treatment for their drinking problem before referring to an official medical expertise to recover their driver’s license. Evaluate the proportion of offenders with drinking problems who became abstinent during 6 months within two years after their offense and their characteristics.Between January 2010 and December 2012, data were collected from 1316 consecutive drivers who were referred to an expertise in a legal medicine Swiss institute to recover their driver’s license after driving under the influence of alcohol. 153 offenders were included in the analysis after excluding patients under the influence of other recreational drugs and patients unfit to drive for other medical reasons. Heavy DUI were defined as first time drunk driving offenders with blood alcohol concentration (BAC) ≥2.50 g/kg, or second-time drunk driving offenders within five years with BAC ≥1.60 g/kg in five years, or third-time drunk driving offenders within ten years with BAC ≥0.80 g/kg. 28 subjects of 153 (18%) were considered fit to drive. The rest of the drivers (125, 82%) were considered unfit to drive (drinking problem 77, dissociation alone 48). The majority of offenders (46,4 %) had driving under the influence of alcohol 2 times in the last five years with BAC ≥ 1.60 g/Kg, 65 (42.5%) had BAC ≥ 2.5 and the rest had 3 or more drunk driving offenses. The criteria used for medical and/or psychological assessment are appropriate.

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