Avoiding a San Diego DUI or California drunk driving

When questioned for San Diego DUI before arrest, you are not in custody for the purposes of Miranda warnings. If you politely refuse to answer any of the San Diego DUI cop's questions concerning the San Diego DUI investigation, either before or after the arrest, then there won't be any statements that can be used against you in San Diego DUI court.

San Diego drunk driving Field Sobriety Tests are completely voluntary. If you perform them, you may be arrested anyway. It may be better not to give the San Diego drunk driving cop evidence that will be used against you in court. You can politely refuse to do the San Diego drunk driving Field Sobriety Exercises.

Refuse to take the San Diego DUI preliminary alcohol screening test. If you are older than 21, the test is voluntary and you have the right to refuse this type of breath test.

When given a choice of San Diego DUI blood, breath or urine test after San Diego DUI arrest, choose a urine test if it is available. It is the most unreliable; however, the San Diego DUI officer may only offer a blood or breath test.

If no urine test is available, choose a breath test. The breath machines are not 100% accurate and there are many possibilities for error. See California DUI & Drunk Driving Defenses to San Diego County Breath Test.

Contact a friend or relative from jail as soon as possible so they can hear you speak and note your state of sobriety.

Always be polite and respectful to the San Diego DUI police officers. How you are perceived by a jury is extremely critical.

Some jurisdictions video the arrest, breath testing and/or booking process. Always be on your best behavior.

Make a detailed list of all the events before being stopped up to and including being released from custody.

Retain an experienced San Diego DUI/DMV defense attorney to represent you. Only an experienced San Diego DUI/DMV defense attorney is able to spot your favorable issues and present them to San Diego DUI prosecutor, judge, jury, or San Diego DMV hearing officer.


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Remember, the best way to avoid a San Diego DUI conviction or San Diego DMV suspension is to not drink and drive. Purchasing a Portable Breath Tester will also assist you in determining your alcohol level before you drive. Unfortunately, the way our laws are going, even if you've had only a small amount of alcohol and you are not impaired, as long as you smell like alcohol your chances of being arrested are very high. However, being arrested for San Diego DUI does not automatically result in a conviction or loss of your driver's license. Protect your rights and save your license. The above Top 10 tips are designed to provide accurate and authoritative information. It is not designed to render legal opinions.


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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

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The commander of the Utah Highway Patrol's drunken driving unit has been cited for driving under the influence of alcohol after crashing his cruiser into a concrete barrier, authorities said Thursday.

Lt. Fred Swain veered off the shoulder of a highway in Draper early last Friday, overcorrected and hit the barrier that separates the lanes, Lt. Doug McCleve said.

Swain said he fell asleep at the wheel, but officers suspected he had been drinking, said Draper police Sgt. Scott Peck. Swain initially refused to submit to a breathalyzer test until two patrol captains talked to him, Peck said.

The test showed that Swain's blood-alcohol level was nearly 0.12 percent, Peck said. Utah's legal limit is 0.08 percent.

Swain was placed on paid administrative leave while the patrol conducts an internal investigation.

Contacted by KSL-TV on Thursday, Swain said it was not in his best interest to comment.

Draper police investigated the incident. It's common for law enforcement agencies to ask another agency to investigate incidents involving their own personnel. Draper is about 19 miles south of Salt Lake City.

THURSDAY, June 29 (HealthDay News) -- Maneuvering through traffic while talking on the phone increases the likelihood of an accident five-fold and is actually more dangerous than San Diego drunk driving or driving drunk, U.S. researchers report.

That finding held true whether the driver was holding a cell phone or using a hands-free device, the researchers noted.

"As a society, we have agreed on not tolerating the risk associated with drunk driving," said researcher Frank Drews, an assistant professor of psychology at the University of Utah. "This study shows us that somebody who is conversing on a cell phone is exposing him or herself and others to a similar risk -- cell phones actually are a higher risk," he said.

His team's report appears in the summer issue of the journal Human Factors.

In the study, 40 people followed a pace car along a prescribed course, using a driving simulator. Some people drove while talking on a cell phone, others navigated while drunk (meaning their blood-alcohol limit matched the legal limit of 0.08 percent), and others drove with no such distractions or impairments.

"We found an increased accident rate when people were conversing on the cell phone," Drews said. Drivers on cell phones were 5.36 times more likely to get in an accident than non-distracted drivers, the researchers found.

The phone users fared even worse than the inebriated, the Utah team found. There were three accidents among those talking on cell phones -- all of them involving a rear-ending of the pace car. In contrast, there were no accidents recorded among participants who were drunk, or the sober, cell-phone-free group.

The bottom line: Cell-phone use was linked to "a significant increase in the accident rate," Drews said.

He said there was a difference between the behaviors of drunk drivers and those who were talking on the phone. Drunk drivers tended to be aggressive, while those talking on the phone were more sluggish, Drews said.

In addition, the researchers found talking on the cell phone reduce reaction time by 9 percent in terms of braking and 19 percent in terms of picking up speed after braking. "This is significant, because it has an impact on traffic as a system," Drews said. "If we have drivers who are taking a lot of time in accelerating once having slowed down, the overall flow of traffic is dramatically reduced," he said.

In response to safety concerns, some states have outlawed the use of hand-held cell phones while driving. But that type of legislation may not be effective, because the Utah researchers found no difference in driver performance whether the driver was holding the phone or talking on a hands-free model.

"We have seen again and again that there is no difference between hands-free and hand-held devices," Drews said. "The problem is the conversation," he added.

According to Drews, drivers talking on the phone are paying attention to the conversation -- not their driving. "Drivers are not perceiving the driving environment," he said. "We found 50 percent of the visual information wasn't processed at all -- this could be a red light. This increases the risk of getting into an accident dramatically," he said.

The reason that there aren't more accidents linked to cell phone use is probably due to the reactions of other -- more alert -- drivers, Drews said. "Currently, our system seems to be able to handle 8 percent of cell-phone drivers, because other drivers are paying attention," he said. "They are compensating for the errors these drivers are causing," he speculated.

This is a growing public health problem, Drews said. As more people are talking and driving, the accident rate will go up, he said.

One expert agreed that driving and cell phone use can be a deadly mix.

"We don't believe talking on a cell phone while driving is safe," said Rae Tyson, a spokesman for the U.S. National Highway Traffic Safety Administration (NHTSA). "It is a level of distraction that can affect your driving performance," he said.

NHTSA has just completed a study that showed that 75 percent of all traffic accidents were preceded by some type of driver distraction, Tyson said.

Tyson pointed out that talking on the phone is very different than talking to the person in the passenger seat. "If you are engaged in a conversation with a passenger, the passenger has some situational awareness, whereas a person on the phone has no idea what you are dealing with on the road," he said.

"Our recommendation is that you should not talk on the phone while driving, whether it's a hand-held or hand-free device," Tyson said. "We realize that a lot of people believe that they can multi-task, and in a lot of situations they probably can, but it's that moment when you need your full attention, and it's not there because you are busy talking, that you increase the likelihood that you are going to be involved in a crash," he said.

Tyson also sees this as a growing public health issue. "Every time we do a survey, there are more people using cell phones while driving," he said. "And the popularity of hand-held devices like Palm Pilots or Blackberries, and people using them in the car, is another problem," he added.

An industry spokesman said cell phones don't cause accidents, people do.

"If cell phones were truly the culprit some studies make them out to be, it's only logical that we'd see a huge spike in the number of accidents [since their introduction]," said John Walls, a vice president at the industry group, the Cellular Telecommunications & Internet Association-The Wireless Association. "To the contrary, we've experienced a decline in accidents, and an even more impressive decline in the accident rate per million miles driven," he said.

"We believe educating drivers on how to best handle all of the possible distractions when you're behind the wheel is the most effective means to make better drivers, and that legislation focusing on a specific behavior falls short of that well-intended goal and creates a false sense of security," Walls said.

Maneuvering through San Diego traffic while talking on the phone increases the likelihood of an accident five-fold and is actually more dangerous than San Diego driving drunk, U.S. researchers report.

That finding held true whether the San Diego driver was holding a cell phone or using a hands-free device, the researchers noted.

"As a society, we have agreed on not tolerating the risk associated with ( San Diego )drunk driving," said researcher Frank Drews, an assistant professor of psychology at the University of Utah. "This study shows us that somebody who is conversing on a cell phone is exposing him or herself and others to a similar risk -- cell phones actually are a higher risk," he said.

His team's report appears in the summer issue of the journal Human Factors.

In the study, 40 people followed a pace car along a prescribed course, using a driving simulator. Some people drove while talking on a cell phone, others navigated while drunk (meaning their blood-alcohol limit matched the legal limit of 0.08 percent), and others drove with no such distractions or impairments.

"We found an increased accident rate when people were conversing on the cell phone," Drews said. Drivers on cell phones were 5.36 times more likely to get in an accident than non-distracted drivers, the researchers found.

The phone users fared even worse than the inebriated, the Utah team found. There were three accidents among those talking on cell phones -- all of them involving a rear-ending of the pace car. In contrast, there were no accidents recorded among participants who were drunk, or the sober, cell-phone-free group.

The bottom line: Cell-phone use was linked to "a significant increase in the accident rate," Drews said.

He said there was a difference between the behaviors of San Diego drunk drivers and those who were talking on the phone. San Diego Drunk drivers tended to be aggressive, while those talking on the phone were more sluggish, Drews said.

In addition, the researchers found talking on the cell phone reduce reaction time by 9 percent in terms of braking and 19 percent in terms of picking up speed after braking. "This is significant, because it has an impact on traffic as a system," Drews said. "If we have drivers who are taking a lot of time in accelerating once having slowed down, the overall flow of traffic is dramatically reduced," he said.

In response to safety concerns, some states have outlawed the use of hand-held cell phones while driving. But that type of legislation may not be effective, because the Utah researchers found no difference in driver performance whether the driver was holding the phone or talking on a hands-free model.

"We have seen again and again that there is no difference between hands-free and hand-held devices," Drews said. "The problem is the conversation," he added.

According to Drews, drivers talking on the phone are paying attention to the conversation -- not their driving. "Drivers are not perceiving the driving environment," he said. "We found 50 percent of the visual information wasn't processed at all -- this could be a red light. This increases the risk of getting into an accident dramatically," he said.

The reason that there aren't more accidents linked to cell phone use is probably due to the reactions of other -- more alert -- drivers, Drews said. "Currently, our system seems to be able to handle 8 percent of cell-phone drivers, because other drivers are paying attention," he said. "They are compensating for the errors these drivers are causing," he speculated.

This is a growing public health problem, Drews said. As more people are talking and driving, the accident rate will go up, he said.

One expert agreed that driving and cell phone use can be a deadly mix.

"We don't believe talking on a cell phone while driving is safe," said Rae Tyson, a spokesman for the U.S. National Highway Traffic Safety Administration (NHTSA). "It is a level of distraction that can affect your driving performance," he said.

NHTSA has just completed a study that showed that 75 percent of all traffic accidents were preceded by some type of driver distraction, Tyson said.

Tyson pointed out that talking on the phone is very different than talking to the person in the passenger seat. "If you are engaged in a conversation with a passenger, the passenger has some situational awareness, whereas a person on the phone has no idea what you are dealing with on the road," he said.

"Our recommendation is that you should not talk on the phone while driving, whether it's a hand-held or hand-free device," Tyson said. "We realize that a lot of people believe that they can multi-task, and in a lot of situations they probably can, but it's that moment when you need your full attention, and it's not there because you are busy talking, that you increase the likelihood that you are going to be involved in a crash," he said.

Tyson also sees this as a growing public health issue. "Every time we do a survey, there are more people using cell phones while driving," he said. "And the popularity of hand-held devices like Palm Pilots or Blackberries, and people using them in the car, is another problem," he added.

An industry spokesman said cell phones don't cause accidents, people do.

"If cell phones were truly the culprit some studies make them out to be, it's only logical that we'd see a huge spike in the number of accidents [since their introduction]," said John Walls, a vice president at the industry group, the Cellular Telecommunications & Internet Association-The Wireless Association. "To the contrary, we've experienced a decline in accidents, and an even more impressive decline in the accident rate per million miles driven," he said.

"We believe educating drivers on how to best handle all of the possible distractions when you're behind the wheel is the most effective means to make better drivers, and that legislation focusing on a specific behavior falls short of that well-intended goal and creates a false sense of security," Walls said.

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New cell phone has built-in breathalyzer
NEW YORK, June 28 (UPI) -- A cell phone with a built-in alcohol breath analyzer is headed to the United States from South Korea, where more than 200,000 of the devices already been sold.

South Korean manufacturer LG will introduce the LP4100 to the U.S. market later this year, ABC News reported.

Users blow into a small spot on the phone, and of nothing happens they are theoretically safe to drive. But if the user has had too much to drink, the $400 phone displays the image of a weaving car on the screen.

The report did not indicate what alcohol threshold was set in the phone.

In another protective measure for drinkers, the phone can be programmed to disallow calls to selected numbers in the electronic phone book after certain hours, thereby preventing embarrassing late-night or early-morning inebriated calls to bosses and ex-partners, the report said.

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Police have charged a two term lawmaker from Winterport with OUI after he allegedly hit a parked car outside a popular restaurant and bar. Bangor police say Republican Representative Jeff Kaelin's blood alcohol level was .13, nearly two thirds more than the legal limit.

A Bangor bike patrol officer saw Kaeilin hit a car parked next to his pickup as he tried to leave the Sea Dog Friday night. Kaelin then failed six sobriety tests.

The arresting officer says Kaelin repeatedly stated that he was a legislator. When the officer expressed disappointment, Kaelin replied, "this is nothing."

Despite the incident, many people from Winterport say they still support Representative Kaelin.

"Kaelin is a wonderful person and he cares about people in Winterport. You have to appreciate that," said Sara Trask of Winterport.

Kaelin told police he has a clean driving record. The state says Kaelin was ticketed 7 times for speeding between 13 and 21 miles over the limit. He also has tickets for running a stop sign and following too closely.

Kaelin would not comment to NEWS CENTER. His lawyer has scheduled a news conference for Tuesday afternoon.

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San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of experience.

Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/

Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
http://www.sandiegoduilawyer.com/survey.html

Here's the latest news:

Police have charged a two term lawmaker from Winterport with OUI after he allegedly hit a parked car outside a popular restaurant and bar. Bangor police say Republican Representative Jeff Kaelin's blood alcohol level was .13, nearly two thirds more than the legal limit.

A Bangor bike patrol officer saw Kaeilin hit a car parked next to his pickup as he tried to leave the Sea Dog Friday night. Kaelin then failed six sobriety tests.

The arresting officer says Kaelin repeatedly stated that he was a legislator. When the officer expressed disappointment, Kaelin replied, "this is nothing."

Despite the incident, many people from Winterport say they still support Representative Kaelin.

"Kaelin is a wonderful person and he cares about people in Winterport. You have to appreciate that," said Sara Trask of Winterport.

Kaelin told police he has a clean driving record. The state says Kaelin was ticketed 7 times for speeding between 13 and 21 miles over the limit. He also has tickets for running a stop sign and following too closely.

Kaelin would not comment to NEWS CENTER. His lawyer has scheduled a news conference for Tuesday afternoon.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com



Top News

FAA Issues Final Ruling On Alcohol, Drug Use
Fri, 23 Jun '06

If You Use... You WILL Pay With Your Ticket
It's now a matter of law. The FAA Thursday issued a long-awaited final ruling on alcohol and drug abuse, under which a pilot who either refuses a drug or alcohol test at the airport, or is found with a blood-alcohol content of more than .04-percent, will lose his medical certificate.

The same rules would apply to air traffic controllers, as well. The rule also standardizes the deadline for reporting positive tests or refusals.

The changes go into effect July 21, 2006.

The new rules were met with opposition from the Air Line Pilots Association. ALPA says one positive test does not an alcohol or drug addict make.

The FAA states that before regaining medical certification for flight, a pilot whose been revoked for drug or alcohol abuse must enter rehabilitation and must demonstrate the ability to meet the standards set out in FAR Part 67. Furthermore, a blood-alcohol level of more than .04-percent must be reported to the FAA within two days.

The new rules don't change the penalties for pilots who are arrested for DUI or DWI. Even if it's unrelated to air travel, an arrest for driving under the influence or driving while impaired can cost a pilot his ticket.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. What about what the San Diego Sheriff's Department just unveiled?

There's another step in the fight against drunk drivers in San Diego. Law enforcement officials joined members of Mothers Against Drunk Driving Thursday to unveil a mobile DUI command unit.

Funding for the newest addition to the sheriff's fleet was provided by a grant from the Office of Traffic Safety.

The grant includes additional money to operate DUI checkpoints and driver's license and seat belt checks throughout the county.

The mobile command unit will also be used to help educate school children, and for DUI warrant sweeps.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. What is the latest breath test machine under attack?

A seemingly routine drunken driving case involving a Framingham man could spell the end of a breath test used by cops statewide, if a judge goes along with a lawyer's claim that the booze detector cannot be proven accurate.

The Alcotest 7110 MKIII-C, which is used by Boston and Massachusetts State Police to check drivers' blood alcohol levels, has already been banned in four counties in New Jersey after questions over the device's accuracy.

Boston attorney Francisco Napolitano hopes Massachusetts will be next and is taking his case to a Brighton District Court judge today.


"When people's lives and liberty are hanging in the balance, we think the test is inappropriate, unless they give us some way of checking reliability," Napolitano said. "It should not be used."

At the heart of the issue is the device's "source code" -- the computer language used to program the Alcotest. The government has refused to turn over the code to Napolitano, which he argues is crucial to determining the unit's reliability. In New Jersey, the same refusal by prosecutors and Alcotest's manufacturer, Draeger Safety Inc., led a judge to ban the unit's use in several counties.

Napolitano has raised the issue as a defense tactic in the case of Kosongo Kosongo, a 25-year-old Framingham man nabbed for OUI in Brighton Dec. 18, 2005. Napolitano said Kosongo blew a 0.20 on the Alcotest but wants the results thrown out.

The hearing today will be to decide whether the government has to turn the source code over to Napolitano's experts or dismiss the case.

Prosecutors in Suffolk District Attorney Daniel Conley's office have cited copyright infringement concerns in refusing to release the computer codes, Napolitano said. The DA's spokesman could not be reached last night.

The case is believed to be the first Massachusetts challenge to the machine based on the emerging source code issue. If Napolitano wins, it could jeopardize use of the machine statewide and put hundreds -- if not thousands -- of OUI convictions at risk.

A spokeswoman at Draeger's Pittsburgh headquarters could not be reached.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego DUI officer and San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer or DUI Attorney in San Diego may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI and San Diego DUI arrest questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com . Little things like ability to observe.

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you beat the San Diego drunk driving case. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. I need to drive. I rent cars. What should I do? What can you do?

A. Yes. I understand. Hire the Best. Save your driving privileges & probably your job.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego DUI officer and San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer or DUI Attorney in San Diego may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI and San Diego DUI arrest questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com . Little things like ability to observe.

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you beat the San Diego drunk driving case. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. What if DMV tries to take my license away for having too many points or violations?

San Diego DMV may consider you a "negligent operator" even if you are not convicted of a San Diego DUI. Obey all San Diego California traffic laws, not just San Diego drunk driving laws.

Practice safe San Diego driving habits. If you start accumulating San Diego tickets for moving violations, which count as 1 or 2 points, you may be considered a negligent operator and may lose your California privilege to drive. If so, your San Diego DUI Lawyer or San Diego DUI / DMV Attorney can help you.

You will be considered a California negligent operator if your California driving record shows any of the following point count totals:

4 points in 12 months
6 points in 24 months
8 points in 36 months

Most San Diego driving offenses, such as San Diego Hit & Run, San Diego Reckless Driving, and San Diego DUI, are designated as 2 points. Most ordinary San Diego traffic offenses are designated as 1 point. California Vehicle Code Section 12810 requires DMV to assign 1 point to any conviction involving the safe operation of a motor vehicle upon the highway. A San Diego "at fault" accident is normally counted as 1 point.

You will likely receive California DMV warning letters and complicated progressive sanctions against your California driving privilege. If you receive a California DMV Order of Suspension for 6 months in the mail, contact your San Diego DMV attorney immediately. Usually, your San Diego DUI Lawyer or San Diego DUI / DMV Attorney can save your license. There is a time limit for your San Diego DMV lawyer to contact San Diego DMV.

The San Diego DMV negligent operator hearing is limited to the following:

Correctness of your San Diego California driving record.
Determination of any pending San Diego court charges, collisions or convictions not show on the record.

Physical and mental conditions related to the California driving record.
Responsibility of driving for any San Diego accidents on the driving record.
Alcohol consumption related to any major violations or San Diego accidents.
Mitigating factors such plans for improvement and corrective measures, need for the license, vehicle use and mileage, driver safety courses, inadequate alternative San Diego transportation not available for significant routine activities in San Diego such as San Diego school, medical treatments, San Diego employment, San Diego driver is major or sole provider of San Diego family income, attitude of the driver, likelihood of reoccurrence of any violations, any other hardship for the San Diego driver, etc.

Aggravating factors such responsibility for San Diego accidents, a San Diego driving history indicating a disregard for San Diego traffic safety, major 2 point violations such as a San Diego DUI, San Diego wet reckless, San Diego dry reckless, San Diego speed exhibition, San Diego hit and run, severity of the consequence of the driving errors exhibited including death, injury or major San Diego property damage, been to San Diego traffic school yet still violates the law, prior San Diego negligent actions, history of multiple San Diego court appearances or failure to appear at San Diego court and San Diego court suspensions or San Diego DMV restrictions on his/her driving privilege, prior violations of probations or other terms and conditions of the San Diego action, etc.

Possible Decisions of the San Diego DMV Driver Safety Hearing Officer in a Negligent Operator Hearing:

Sustain the San Diego California DMV action.
Order probation and modify the suspension period.
Modify Probation vacate the suspension and order a restriction.
Order probation only to monitor future driving.
Set aside the San Diego DMV action for lack of evidence.
Set aside the San Diego DMV action for lack of notice of hearing.
Take no action other than what is currently in effect if non-appearance by driver.
Terminate the San Diego DMV action.
If there is a San Diego DMV action, before a California Drivers License can be reissued or returned to you after a suspension or restriction, you have to:

Pay a $55 reissue fee to the San Diego DMV.
Your insurance company will have to file an SR-22 proof of financial responsibility certificate with California DMV.
You and your insurance company must maintain the SR-22 for a period of three years.
To obtain a San Diego SR-22 or California Insurance Proof Certificate, contact a San Diego insurance agent or broker.

San Diego Drunk Driving Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of DUI experience.

San Diego DUI Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of experience.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego DUI officer and San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer or DUI Attorney in San Diego may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI and San Diego DUI arrest questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com . Little things like ability to observe.

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you beat the San Diego drunk driving case. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/

Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
http://www.sandiegoduilawyer.com/survey.html

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

How reliable are San Diego DUI breath tests?

Most San Diegans suspected of violating the San Diego DUI law are given San Diego breath tests to determine their blood-alcohol concentration (BAC). The San Diego DUI breath machine will take a small sample of the suspect’s breath and estimate how much alcohol is in it -- and, then, estimate how much may be in the blood.

Are these San Diego DUI machines so reliable and accurate that we have permitted them to become judge and jury and to determine guilt beyond a reasonable doubt in a San Diego DUI court?

Ignoring the flaws of the San Diego DUI machines, scientists universally recognize an inherent error in breath analysis, of plus or minus .01%. If everything is working perfectly, a .13% breath machine test result can be anywhere from .12% to .14%. This has been understood by reasonable courts (see People v. Campos, 138 Cal.Rptr. 366 (California); Haynes v. Department of Public Safety, 865 P.2d 753 (Alaska); State v. Boehmer, 613 P.2d 916 (Hawaii), recognizing an even larger .0165% inherent error).

What about the accuracy of the San Diego DUI breathalyzers? A result of .10%. Taking inherent error into consideration -- and assuming the machine was working perfectly, the officer administers the test correctly, and the suspect’s physiology is normal and average -- the true BAC could be from .09% to .11%. The BAC can be 10% in either direction -- or anywhere within a 20% margin of error.

These San Diego DUI machines have a 20% margin of error? Really?

Yes. A San Diegan accused of driving with over .08% BAC can be convicted by a machine whith a built-in 20% margin of error. Would you be comfortable with a San Diego-bound airline pilot who worked with a 20% range of error? With a San Diego bank teller who gave you $90 cash for a $100 check? How about the sole evidence in a San Diego criminal case where guilt must be proven beyond a reasonable doubt?

San Diego, California's DUI requirements are - to be admissible in court - there must be two San Diego test results that are within .02% of one another.

What does that mean to the San Diego person suspected of a San Diego DUI? You breathe into the San Diego DUI machine and it produces a .10% reading. You are now required to breathe into the San Diego DUI machine a second time. What San Diego DUI test result would be necessary for the evidence to be considered acceptably accurate and legally admissible? .08? .09? 10? .11? .12? Any of these readings would satisfy the .02% requirement: anything from .08% to .12% would render the San Diego DUI test results "accurate".

A 40% range of error in that second San Diego DUI test is deemed sufficiently accurate to sustain the prosecution's burden of proof "beyond a reasonable doubt".

Close enough...in a San Diego DUI case.

San Diego Drunk Driving Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of DUI experience.

San Diego DUI Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of experience.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego DUI officer and San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer or DUI Attorney in San Diego may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI and San Diego DUI arrest questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com . Little things like ability to observe.

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you beat the San Diego drunk driving case. http://www.SanDiegoDUI.com

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, shows how a San Diego DUI Lawyer will help you. http://www.SanDiegoDUI.com

Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/

Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
http://www.sandiegoduilawyer.com/survey.html

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. Who drinks more - men or women?

Her story is notable because she crafted it into a bestselling book, "Smashed: Story of a Drunken Girlhood," not because it's rare.

Surveys show girls and college-age women are binge-drinking more often these days.

Recent surveys suggest that today's girls and college-age women are abusing alcohol in ways not seen in previous generations — by binge drinking more often and at earlier ages. As a result, students such as Zailckas can be found in every high school and college in the nation.

Such drinking patterns have immediate consequences for young people of both sexes: They can lead to failure in school, increase the chances of a car accident and even cause subtle brain damage.

For girls and women, however, the effects might be particularly dire.

They're much more likely than boys or young men to experience physical and sexual assault while intoxicated. And studies show that alcohol takes a much greater physical toll on women than on men — in a much shorter time. A rising rate of heavy drinking among today's teen girls might signal a future women's health crisis.

"Girls' drinking absolutely has implications for their long-term health," says David Jernigan, executive director of the Center on Alcohol Marketing and Youth. "They are hurting their odds — a lot."

Although the majority of adolescent girls and young women do not binge drink (estimates of those who do range from 16 percent to 27 percent), three reputable, national surveys suggest binge drinking is holding steady or increasing among girls even as such behavior is declining somewhat in boys. Binge drinking is usually defined as five or more drinks consumed in one setting.

Moreover, surveys show younger girls are starting to drink around the same age as boys and with similar drinking patterns.

Their choices are changing, too. Fourteen percent of the girls who binged in 1991 said they drank hard liquor, said Jernigan, citing unpublished data from the most recent Monitoring the Future survey, a national poll conducted annually by the University of Michigan. But that figure had risen to 18.2 percent in 2004. The survey also showed eighth-grade girls with a higher binge drinking rate than eighth-grade boys: 11.8 percent versus 10.8 percent.

"The gender gap for young kids has effectively closed," says Susan Foster, vice president and director of policy research at the National Center on Addiction and Substance Abuse at Columbia University. "If you look at eighth- and ninth-grade girls, they are drinking, smoking and using drugs at the same rates as boys are. But the main problem is that the physiological impact is much stronger on girls than on boys."

Alcohol is dispersed in the body by water. The more water in the body, the more diluted the alcohol. Women have less water in their bodies and more fat, which holds alcohol. An enzyme, alcohol dehydrogenase, that helps metabolize alcohol is less active in women.

Thus, drink for drink, women's brains and organs are exposed to a higher concentration of alcohol compared with men. For that reason, women are more likely to develop inflammation of the liver and to die of cirrhosis.

"We know that two years of a woman's drinking equals 10 years of a man's," says Becky Flood, executive director of New Directions for Women, a nonprofit substance abuse treatment center in Costa Mesa, Calif. "What alcohol does to the body of a woman in her developmental years is very damaging. We even see cognitive impairment in women."

Women are also more likely to become dependent on alcohol faster than men, says Foster, and that's why the statistics that show girls drinking at younger ages and drinking heavily by college age are of particular concern. A girl who starts drinking before age 14 is four times more likely to become an alcoholic than someone who didn't drink before age 21.

The rapidity with which alcohol problems can escalate in women should serve as a warning to girls and their parents, experts say.

"Alcoholism is a progressive disease. It's very hard to define it in its early stages," Flood said. "There is a fine, gray line of where it turns from abuse into alcoholism. But when you binge drink and have blackouts and can't remember what happened or get a DUI, then the binge drinking already is a problem."

The changing face of alcohol use among girls has led to efforts to better understand why girls drink, how their drinking differs from that of boys and what measures are successful to prevent alcohol abuse.

Many substance abuse organizations have criticized the alcohol industry for advertising and marketing that, they say, may entice more girls to drink. The trend in sweet alcoholic beverages, such as "alcopops" (malt liquor drinks) and packaged cups of fruit-flavored gelatin and alcohol, may appeal more to girls and young drinkers, experts say.

Several other factors may lead adolescent girls to drink, including the desire to feel less inhibited in social situations, to control their moods and to compete with boys by showing they can drink as much.

Zailckas says alcohol helped her avoid some of the critical, but difficult, lessons of growing up — how to be socially adept, make close friends and become independent from her parents. "I learned early on that those things were tough, and alcohol was a shortcut," she says.

A majority of high school kids might not be drinking, says Elizabeth D'Amico, a clinical psychologist at Rand Corp. in Santa Monica, Calif., "but what gets talked about on Monday morning is who passed out or threw up in the bushes.

"What is really important to kids is what they think their peers are doing," she said. "The key thing is perception — it's not necessarily reality." And Foster says girls appear to be more influenced by their friends' drinking behavior than boys are.

Problem drinking in women may also be more likely to escape attention from medical professionals. Women are less likely to seek or be referred for treatment than men — and only 38 percent of substance abuse programs in the U.S. are designed for women, despite research that shows women do better in gender-specific programs, Foster said.

"We know a lot more now about women and alcohol. But the knowledge that has been generated has not made it into our medical practice," D'Amico said.

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San Diego Drunk Driving Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of experience.



Known as San Diego's "DMV Guru" Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone.
http://www.sandiegoduilawyer.com/




Complete the important Free San Diego County DUI Defense Survey to find out your best strategy and to protect your driving privileges in California.
http://www.sandiegoduilawyer.com/survey.html



San Diego DUI Specialist Rick Mueller is the Top-Rated San Diego County Drunk Driving, DUI & DMV Defense attorney with over 22 years of experience.




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San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI and San Diego DUI arrest questions.

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San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers common San Diego DUI questions.

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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. How can I help myself with a San Diego DUI?

A. Complete the San Diego DUI free evaluation form.


Known as the "DMV Guru," Rick Mueller dedicates 100% of his law practice to aggressively defending those accused of driving under the influence of alcohol. He has successfully saved the driving privileges of many clients in the past year alone. http://www.sandiegoduilawyer.com/




Complete the important Free San Diego County Drunk Driving Defense Survey to find out your best strategy and to protect your driving privileges in California.
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San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the San Diego DUI officer and San Diego drunk driving charge: http://www.SanDiegoDUIhelp.com .

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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked San Diego DUI questions by other attorneys.

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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. What is the best San Diego DUI Defense and how can San Diego DUI drivers help to stop San Diego DUI Police from making so many San Diego drunk driving arrests?

The San Diego DUI answer is here:

From the State where drink driving is considered a sport, comes a true
story from Carrick-on-Suir Ireland.

Recently a routine Gardai patrol parked outside a local neighbourhood
tavern. Late in the evening the Garda noticed a man leaving the bar so
intoxicated that he could barely walk.

The man stumbled around the car park for a few minutes, with the Garda
quietly observing.

After what seemed an eternity and trying his keys on five vehicles, the man
managed to find his car which he fell into. He was there for a few minutes
as a number of other patrons left the bar and drove off.

Finally he started the car, switched the wipers on and off (it was a fine
dry night), flicked the indicators on, then off, tooted the horn and then
switched on the lights.

He moved the vehicle forward a few cm, reversed a little and then remained
stationary for a few more minutes as some more vehicles left.

At last he pulled out of the car park and started to drive slowly down the
road.

The Garda, having patiently waited all this time, now started up the patrol
car, put on the flashing lights, promptly pulled the man over and carried
out a Breathalyzer test.

To his amazement theBreathalyzer indicated no evidence of the man having
consumed alcohol at all!

Dumbfounded, the Garda said "I'll have to ask you to accompany me to the
Police station this Breathalyzer equipment must be broken."

"I doubt it," said the man, "tonight I'm the designated decoy".

True story...

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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:


Q. How could an San Diego DUI officer make a mistake that could help win your case?

It is hard to believe a San Diego DUI officer or any officer would forget the National Anthem.

If you can forget the Anthem, you can suffer in your ability to make proper San Diego DUI observations, San Diego Drunk Driving recollections, and San Diego DWI reports.

http://www.break.com/index/copanthem30.html will make you laugh, maybe cry.

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Q: Did you hear Former Duke star Redick arrested for DUI today? Yes.

DURHAM, North Carolina - Life after Duke has turned infamous for J.J. Redick.

According to a report by television station WTVD, the former Blue Devil star
was arrested early Tuesday morning for driving while impaired.

Citing a police report, WTVD said that the Atlantic Coast Conference's
all-time leading scorer was arrested shortly after 1:00 a.m. EDT after
Redick committed an illegal U-turn to avoid a police checkpoint.

An officer followed Redick and reported a strong smell of alcohol on
Redick's breath and glassy eyes when he was pulled over.

Redick, who was released on a $1,000 bond, is scheduled to appear in a
Durham court on July 17.

The 2006 Wooden Award winner, Redick averaged 26.8 points and made 139
3-pointers as the Blue Devils went 32-4 this past season. He is expected to
be a first-round pick in the NBA draft on June 28.

No truth to the rumor that when asked by the officer to point, Redick instead shot.

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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q. What about the San Diego DUI hand-held gadget breath test results?

- San Diego DUI hand-held gadget tests are voluntary, not required.

- San Diego DUI police sometimes do not give proper San Diego DUI admonition.

- San Diego DUI hand-held gadgets can be unreliable and subject to attack.

- San Diego Drunk Driving Alco-Sensor IV must be properly administered in accordance with San Diego DUI guidelines.

- San Diego DWI Intoximeter gadget must be operated by a competent San Diego DWI officer.

- San Diego Drunk Driving gadget must be in proper working order in accordance with San Diego Drunk Driving maintenance requirements.

- San Diego DUI gadget use must follow a 15 minute continuous observation as required by San Diego DUI rules.

- A San Diego Drunk Driving Attorney can challenge these San Diego DUI gadgets.

- A San Diego DUI Lawyer can make foundational objections to admissibility in a San Diego Court or San Diego DMV hearing.

- A San Diego DUI Attorney can prevent use of of the San Diego DUI gadget in San Diego DUI court or San Diego DMV hearing.

- A San Diego Drunk Driving Lawyer can employ many creative San Diego Drunk Driving attacks on these San Diego DUI gadgets.

- To see the San Diego DUI gadget, contact San Diego DUI Lawyer Rick Mueller who can show you this San Diego DUI gadget and explain various San Diego DUI strategies.

San Diego Chief pleads guilty to San Diego drunken driving / San Diego DUI. He was represented by a San Diego DUI Attorney.

The chief of the criminal division of the U.S. Attorney's Office pleaded guilty to misdemeanor San Diego DUI or drunken driving yesterday, admitting that on St. Patrick's Day he drove while his blood-alcohol level was more than twice the legal limit.

Shane Harrigan, 47, of San Diego did not appear in San Diego Superior Court, where his San Diego DUI lawyer entered the plea on his behalf.

Harrigan occupies the fourth-highest position in the office, and he makes many key decisions about federal prosecutions.

Commissioner Robert C. Rice sentenced Harrigan to five years probation and a $1,750 fine. Rice ordered him to attend a San Diego DUI drunken-driving awareness class and undergo substance abuse evaluation.

Those conditions were included as part of San Diego DUI plea for this first-time San Diego DUI conviction.

Harrigan was arrested March 17 after running a red light in downtown San Diego and failing a San Diego DUI field sobriety test, said San Diego Police Executive Assistant Chief William Maheu.

Harrigan admitted his blood-alcohol level was .17 of a percent, more than double the .08 of a percent at which San Diego California DUI drivers are presumed drunk.

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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:


Question. Why do you need to contact a San Diego DUI Specialist?

You know you need to contact a San Diego DUI Specialist and possibly hire an experienced San Diego DUI attorney with a proven track record. It is possible a San Diego County law enforcement agency may have violated your rights or committed some error that could result in the San Diego DUI charges against you being reduced or even dismissed.

The San Diego County DUI law enforcement officer made a San Diego DUI or San Diego drunk driving report; now it is your turn. It is very important that you complete http://www.SanDiegoDUI.com/survey.html as soon as possible after your San Diego DUI or San Diego drunk driving arrest.


Question. Why should you even hire a San Diego DUI attorney?

Don't and you'll guarantee a San Diego DUI result. Defending yourself in the San Diego County DUI criminal justice system will be impossible.

San Diego Drunk Driving / San Diego DWI law is a complex field of law. San Diego DUI politics and the odds are stacked against you. San Diego DUI legal penalties for driving under the influence of alcohol and or drugs can be very severe. San Diego drunk driving penalties may include the following: a San Diego DUI jail sentence; a substantial San Diego DUI fine; attendance in San Diego DUI alcohol abuse classes; San Diego California DMV suspension, revocation or restriction of your driver's license; and other possible San Diego DUI penalties.

A San Diego DUI or San Diego drunk driving arrest triggers two separate San Diego legal actions against you. One is the San Diego DUI criminal action. The other is the San Diego DMV civil action to automatically suspend your license. Often with skilled and aggressive San Diego DUI representation, it may be possible to have the San Diego DUI charge dropped or reduced without the expense of a San Diego DUI trial.

It is quite possible San Diego DUI Specialist Attorney Rick Mueller of the San Diego County DUI Law Center will be able to resolve your San Diego DUI case to your satisfaction without you ever having to set foot in a San Diego DUI courtroom.

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San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers a good, common question.

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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

Q: Should I have taken the San Diego drunk driving Field Sobriety Tests?

San Diego DUI law does not require that you submit to any field sobriety tests.

San Diego DUI Field sobriety tests cannot be compelled.

Although having performed the San Diego DUI Field Sobriety Tests could provide the prosecution some potentially powerful evidence to use against a person charged with a San Diego DUI, hindsight always has 20/20 vision. A San Diego drunk driver should politely decline to perform any field sobriety tests by stating: “ my lawyer has advised me not to perform any field tests.”

If the San Diego County DUI / drunk driving officer advises you that your failure to perform a test will result in the suspension of your license, immediately ask to speak with an attorney. The only San Diego DUI chemical test you must do is the main San Diego DUI breath test (not the little hand-held gadget, not the Intoximeters Inc. Alco-Sensor IV black box) or the San Diego DUI blood test at the San Diego County law enforcement station or San Diego DUI jail.

San Diego Drunk Driving / San Diego DUI / San Diego DUI attorney / San Diego DUI lawyer / San Diego DWI attorney / San Diego DWI lawyer reports:

City Manager Arrested on Cart DUI


PEACHTREE CITY, Ga. (AP) -- The city's top administrator was arrested for driving a golf cart while under the influence of alcohol.

Police arrested 57-year-old city manager Bernard J. McMullen.

A Peachtree City police report said McMullen was arrested after a Friday evening concert while carrying a glass of wine.

McMullen blew a 0.104 on a portable alcohol sensor at the scene but refused to take a test on a breath-alcohol machine at the Police Department.

Under Georgia law, drivers are legally intoxicated at 0.08.

He also was charged with having an open container of alcohol and possessing alcohol in a park.

McMullen was released from the Fayette County Jail on Saturday on $3,338 bond.

Mayor Harold Logsdon called the arrest an "unfortunate incident."

Logsdon says McMullen will continue in his job but the mayor will supervise the police department until the case has been adjudicated.

McMullen has been city manager for three years.

Traffic violations involving golf cart drivers are not new in Peachtree City, a town of 36,000 people with about 9,000 golf carts registered. Public events such as concerts attract hundreds of golf cart drivers.

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San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer Rick Mueller answers a good, common question.

San Diego DUI Lawyer - San Diego Attorney Drunk Driving / San Diego DWI Lawyer can help you beat the charge: http://www.SanDiegoDUIhelp.com .

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, explains how a San Diego DUI Lawyer may help you.

San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, is asked:

What are my chances of beating my San Diego DUI charge?

Until an experienced San Diego DUI lawyer /San Diego drunk driving attorney can evaluate all the information and reports in your case, be wary of attorneys promising guaranteed results. There is no way to accurately predict your chances of “beating” a charge of San Diego DUI / San Diego Drunk Driving. Failing to consult am experienced San Diego DUI / DMV / DWI / Drunk Driving attorney is a risk not worth taking!

Your future is not worth gambling. For an experienced San Diego DUI attorney, evaluating your San Diego DUI case can only help you.

The only thing that can be guaranteed, is that if you walk into court and plead guilty without consulting an experienced San Diego DUI lawyer, you lose!

An accurate San Diego DUI evaluation of the possible outcome of your San Diego drunk driving case involves not only the facts of the San Diego DUI case based on the San Diego DWI evidence, San Diego DUI discovery and San Diego drunk driving investigation as well as the applicable San Diego DUI law, but also consideration of the interaction of the San Diego DUI attorney, the San Diego DUI prosecutor and the San Diego DUI judge.

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San Diego DUI Lawyer Rick Mueller, a San Diego Drunk Driving / DWI Defense Attorney handling San Diego California DUI & DMV cases, lists these important San Diego DUI Lawyer science articles:

Absorption and Elimination Rates Articles
Dubowski, Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects, 10 Journal of Studies on Alcohol Supp. 98 (1985)

Key aspects of the pharmacokinetics of alcohol are highly relevant to highway safety. Of particular pertinence are the partition of alcohol between various body tissues and fluids and the resulting alcohol concentration ratios for blood: breath and other body fluids, as well as the irregularity and short-term fluctuations of the blood and breath alcohol curves. Most alcohol pharmacokinetics parameters are subject to wide intersubject variability, as exemplified by peak blood alcohol concentrations reached on ingestion of identical weight-adjusted doses, time to peak after end of drinking and the rate of alcohol elimination from the blood. This great biological intersubject variability, when combined with sex-, age- and time-related differences, makes the blood alcohol information in widely distributed alcohol consumption nomograms and tables based on mean data inappropriate as a guide for the drinking behavior of individuals. Although there is good statistical correlation between the alcohol concentration of different body tissues and fluids in the fully postabsorptive state, wide individual variations from the population mean alcohol partition values exist. It is often impossible to determine whether the postabsorptive state has been reached at any given time. Those factors make it impossible or infeasible to convert the alcohol concentration of breath or urine to the simultaneous blood alcohol concentration with forensically acceptable certainty, especially under per se or absolute alcohol concentration laws. Inclusion of breath alcohol concentrations in drinking-driving statutes, as definitions or per se offense elements, makes unnecessary the conversion of breath alcohol analysis results into equivalent blood alcohol concentrations. Urine alcohol concentrations are inadequately correlated with blood alcohol concentrations or with driver impairment, and analysis of bladder urine is, therefore, inappropriate in traffic law enforcement. Significantly large sex-related differences in pharmacokinetic parameters have been demonstrated (e.g., in peak blood alcohol concentrations for weight-adjusted doses). The effects of age and time of day have been less extensively studies and are less clear. Breath and blood alcohol time curves are subject to short-term fluctuations from the trend line and other irregularities, and often do not follow the typical Widmark pattern...

Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health

Jones, Concentration-Time Profiles of Ethanol in Capillary Blood after Ingestion of Beer, 31 Journal of Forensic Science Society 429 (1991)

Blood ethanol profiles were determined in experiments with healthy volunteers after they had drunk beer. When 330 ml of light beer (1.8% w/v ethanol) was consumed in 5 min by four men and four women, the average peak blood-alcohol concentration (BAC) reached was 8 mg/100 ml (range 2-11). After nine men had drunk 660 ml of beer (3.0% w/v or 3.6% w/v ethanol) in 25 minutes on an empty stomach, the average peak BAC was 32 mg/100 ml (range 26-44) and 37 mg/100 ml (range 23-54) respectively. When the same two beers were consumed by another nine men together with a meal, the peak BAC was 24 mg/100 ml (range 20-29) and 28 mg/100 ml (range 20-39) respectively. The peak BAC occurred earlier when beer was ingested together with food; mean 32 min (range 30-50) compared with 41 min (range 30-70) with an empty stomach. The rate of disappearance of alcohol from blood (beta-slope) was 12 mg/100 ml/h in the fed state and 15 mg/100 ml/h when subjects were fasted. The apparent volume of distribution of ethanol (Vd) was 0.65 l/kg (SD 0.07) for the empty stomach condition but exceeded unity when beer was ingested together with food. It seems that part of the dose of alcohol when consumed with food never reaches the systemic circulation.

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Jones, Jonsson, Between-subject and within-subject variations in the pharmacokinetics of ethanol, Br J clin Pharmac 37: 427-431 (1994)

1. Twelve healthy men drank 0.80 g ethanol kg-1 body weight on four occasions spread over several weeks. Ethanol was given as 96% v/v solvent which was diluted with orange juice to make a cocktail (20-25% v/v). This drink was ingested in exactly 30 min at 08.00 h after an overnight (10 h) fast. 2. Samples of venous blood were obtained at exactly timed intervals of 0, 10, 20, 30, 45, 60, 90, 120, 150, 180, 240, 300, and 360 min after the start of drinking. The concentrations of ethanol in whole blood were determined by headspace gas chromatography. 3. Summary measures were used to evaluate the concentration-time profiles of ethanol for each subject. The between-subject and within-subject components of variation for the pharmacokinetics of ethanol were derived by one-way analysis of variance (ANOVA). 4. The variation between different subjects dominated the total variance for all of the pharmacokinetic parameters studied except the rate of disappearance of ethanol from blood (ko). For this latter parameter, 42% and 58% of the total variation arose from variations between- and within-subjects respectively. These results might be important to consider when experiments on the clinical pharmacokinetics of ethanol are being planned.

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Jones, Disappearance Rate of Ethanol from the Blood of Human Subjects: Implications in Forensic Toxicology 38(1) Journal of Forensic Sciences 103 (1993)

This article outlines major developments in knowledge about the human metabolism of ethanol. The results of a large number of controlled experiments aimed at measuring the rate of ethanol elimination from the blood are reported. The factors that influence the rate of ethanol elimination from blood, such as the amount of ethanol ingested, the drinking habits of the subjects, and the effect of food taken together with, or before, drinking were investigated. The slowest rate of ethanol disappearance was observed in a healthy male subject who ingested 0.68 g ethanol/kg body weight after an overnight (8 h) fast; the beta-slope was 9 mg/dL/h. The fastest rate of ethanol disappearance was observed in a male chronic alcoholic during detoxification; the beta-slope was 36 mg/dL/h. This four-fold difference in the rate of ethanol disposal should be considered when the pharmacokinetics of ethanol become an issue in drinking and driving trials, for example, when retrograde estimations are attempted.

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Jones et al., Peak Blood-Ethanol Concentration and the Time of Its Occurrence After Rapid Drinking on an Empty Stomach, 36 (2) Journal of Forensic Sciences, 376 (1991)

Healthy men, 20 to 60 years old, drank a moderate dose of ethanol in the morning after an overnight fast. They consumed either neat whisky in amounts corresponding to 0.34, 0.51, 0.68, 0.85, or 1.02 g of ethanol per kilogram of body weight or 0.80 g/kg ethanol solvent diluted with orange juice. The peak blood-ethanol concentration (BEC) increased with the dose administered, but the time required to reach the peak was not markedly influenced over the range of doses studied. At a dose of 0.68 g/kg, the peak BEC ranged from 52 to 136 mg/dL (N = 83), and slow absorption (a late-occurring peak) produced a lower peak BEC. The peak BEC was reached between 0 and 45 min for 77% of the subjects (N = 152) and between 0 and 75 min for 97% of them. The time of peaking in venous blood occurred, on average, 10 min later than in capillary (fingertip) blood although the peak BEC was not appreciably different; the mean venous BEC was 97.0 mg/dL (range, 76 to 112 mg/dL), and the mean capillary BEC was 99.6 mg/dL (range, 75 to 123 mg/dL). When subjects drank 0.80 g/kg ethanol diluted with orange juice over 30 min, the average BEC increment between the end of drinking and the peak was 33 mg/dL (range, 0 to 58 mg/dL). The rate of absorption of ethanol was 1.78 mg/dL/min (range, 0.52 to 4.8 mg/dL/min), and the peak BEC occurred within 60 min after the end of drinking in 92% of the trials. The largest BEC increment (mean, 21 mg/dL; range, 0 to 44 mg/dL) was seen during the first 15 min after the drinking period.

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Blood Articles
Anderson, Collection and Storage of Specimens for Alcohol Analysis, Medical-Legal Aspects of Alcohol 237, 239 (James C. Garriott ed., 4th ed. 2003)

Blackmore, The Bacterial Production of Ethyl Alcohol, 8 Forensic Science Society Journal (1968)

Blume & Lakatura, The Effect of Microbial Contamination of the Blood Sample on the Determination of Ethanol Levels in Serum, 60 Am. J. Clin. Path. 700, 701 (Nov. 1973)

Chang and Kollman, The Effect of Temperature on the Formation of Ethanol by Candida Albicans in Blood, 34(1) Journal of Forensic Sciences, 105-109(1989)

The effect of temperature on microbial fermentation in blood was studied. Specimens of human blood from a blood bank were inoculated with Candida albicans, an organism capable of causing fermentation. A preservative was added to a portion of the inoculated specimens. These inoculated specimens, as well as uninoculated blood, were stored under various temperature conditions. Production of ethyl alcohol was monitored over a period of six months. Fermentation was found to be highly temperature dependent, with refrigeration proving to be most effective at inhibiting ethanol formation.

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Jones & Neri, Evaluation of Blood-Ethanol Profiles After Consumption of Alcohol Together with a Large Meal, 24(3) Canadian Society of Forensic Science Journal 165 (1991)

Jones, Hylen, Svensson & Helander, Storage of Specimens at +4°C or Addition of Sodium Fluoride (1%) Prevents Formation of Ethanol in Urine Inoculated with Candida Albicans, 23 Journal of Analytical Toxicology 333 (1999)

Department of Forensic Toxicology, University Hospital, Linkoping, Sweden.

The microbial synthesis of ethanol was investigated in urine specimens containing 0.5% or 1.0% (w/v) glucose and inoculated with the yeast Candida albicans (100 cfu/mL). Aliquots (10 mL) of urine were dispensed into plastic tubes containing enough sodium fluoride to give final concentrations of 0.1%, 0.25%, 0.5%, 0.75%, 1%, and 2% (w/v), and C. albicans was added. The tubes were tightly stoppered and allowed to stand either at room temperature (22 degrees C) or in a refrigerator (4 degrees C) for up to 34 days before concentrations of ethanol were determined by headspace gas chromatography. Urine samples stored at 22 degrees C without sodium fluoride produced 0.25 g/L ethanol after two days, and the concentration increased to 2.10 g/L and 4.50 g/L after eight days for specimens containing 0.5% (w/v) and 1% (w/v) glucose, respectively. The ratio of the serotonin metabolites 5-hydroxytryptophol/5-hydroxyindoleacetic acid (5HTOL/5HIAA) in urine remained within the reference range (< 15 pmol/nmol) despite high concentrations of ethanol being produced. Urine samples kept at 4 degrees C did not produce any ethanol (< 0.01 g/L) even without sodium fluoride present as a preservative. The production of ethanol by C. albicans was stopped completely by adding 1% or 2% (w/v) sodium fluoride but not by concentrations of 0.75% (w/v) or less. The microbial synthesis of ethanol in urine samples initially stored at room temperature without sodium fluoride was slowed down considerably by moving them into a refrigerator at 4 degrees C. In conclusion, the production of ethanol in urine by C. albicans can be prevented by storage of samples in a refrigerator at 4 degrees C or by adding sodium fluoride > or = 1% (w/v). Measuring the ratio of 5HTOL/5HIAA can help to distinguish postsampling production of ethanol from metabolism and excretion processes.

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Kaye, The Collection and Handling of the Blood Alcohol Specimen, 74 American Society of Clinical Pathologists 743 (1980)

Proper collection, handling, and storage of the blood alcohol specimen are essential in medicolegal cases involving the question of sobriety. A standard operating procedure is necessary to ensure maximum reliability. Comments are offered on the advantages of using blood specimens in preference to urine or tissue specimens. The use of a conversion factor to obtain a calculated "presumed blood level" can be dangerous. Cautions and suggestions are offered regarding how and from where the blood should be obtained from a living person and during an autopsy. There are certain time limitations for storage of these blood-alcohol specimens. Each laboratory must establish its own limits for reliable storage, given the conditions in that laboratory. Unexpected and confusing results can lead to an erroneous interpretation if history, circumstances, type of injury, and survival time are not all carefully considered. Several possibilities for error in judgment are discussed.

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Martin, Moll, Schmid, Dettli, The Pharmacokinetics of Alcohol in Human Breath, Venous and Arterial Blood After Oral Ingestion, 26 European Journal of Clinical Pharmacology 619 (1984)

The concentration-time profile of ethanol in breath air (AAC), arterial (ABAC) and venous blood (VBAC) of human volunteers was studied after four different oral doses of absolute alcohol--0.5, 0.75, 1.0, and 1.25 g/kg body weight. Seventy-eight single dose experiments were carried out in 42 subjects. In all 78 studies AAC was measured and VBAC was estimated simultaneously in blood collected from a cubital vein of 36 volunteers. Arterial blood, too, was collected from 8 subjects from a catheter in a brachial artery. All blood alcohol concentrations were analysed independently by gas chromatography (GLC) and an enzymatic (ADH) method. A one-compartment open model with first order absorption and pseudo-zero-order elimination was employed to calculate the pharmacokinetic parameters. The average values for the first order absorption rate constant (ka) ranged from 2.2 to 3.1, from 2.4 to 2.6 and from 1.0 to 1.7 h-1 for ACC, ABAC and VBAC, respectively. The pseudo-zero-order elimination rate constant (beta) was 0.17 to 0.18, 0.21 to 0.22 and 0.26 to 0.27 g X 1(-1) X h-1, respectively. During absorption ABAC tended to be higher than VBAC, peaking at a higher level (Cmax) and with a shorter time to peak (tmax) until an arterio-venous concentration equilibrium was reached, whereafter VBAC remained above ABAC. Although there was a close relationship between AAC, ABAC and VBAC during elimination, AAC closely followed the pattern of ABAC during absorption and tended to deviate from VBAC. AAC, therefore, is a much better predictor of ABAC during absorption than VBAC.

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Plueckhahan and Ballard, Factors Influencing the Significance of Alcohol Concentrations in Autopsy Blood Samples, The Medical Journal of Australia (1968)



Watts & McDonald, The Effect of Biologic Specimen Type of the Gas Chromatographic Headspace Analysis of Ethanol and Other Volatile Compounds American Journal of Clinical Pathology 1987; 87: 79-85

Gas chromatographic analyses of 37 degrees C headspace vapors above liquid phases saturated with sodium chloride demonstrated that the partitioning of isopropanol, n-propanol, and t-butanol from blood, plasma, or serum to headspace vapor was greatly reduced relative to that observed with the use of water as the liquid phase. The partitioning of ethanol and acetone was moderately reduced with these specimens relative to water, while no effect was seen with methanol or acetonitrile. Normal urine only slightly affected relative partitioning, and vitreous humor had no effect. The partitioning reductions observed with blood were not affected by changing the equilibration temperature to 25 degrees C, by lengthening the equilibration time to three days, nor by changing the concentration of the volatiles in the liquid phase. The use of saturated sodium sulfate enhanced the differences in partitioning observed between water and blood. Only with substantial dilution (5:1) of blood specimens was the effect abolished.

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Breathtesting Articles
BAC General Accuracy
Bell and Flack, Examining Variables Associated with Sampling for Breath Alcohol Analysis, Victoria Forensic Science Centre

Dubowski & Essary, Measurement of Low Breath-Alcohol Concentrations: Laboratory Studies and Field Experience, 23 Journal of Analytical Toxicology 386, 394 (October 1999)

Recent federal rules and traffic law changes impose breath-alcohol thresholds of 0.02 and 0.04 g/210 L upon some classes of motor vehicle operators, such as juveniles and commercial vehicle operators. In federally regulated alcohol testing in the workplace, removal of covered workers from safety-sensitive duties, and other adverse actions, also occur at breath-alcohol concentrations (BrACs) of 0.02 and 0.04 g/210 L. We therefore studied performance of vapor-alcohol and breath-alcohol measurement at low alcohol concentrations in the laboratory and in the field, with current-generation evidential analyzers. We report here chiefly our field experience with evidential breath-alcohol testing of drinking drivers on paired breath samples using 62 Intoxilyzer 5000-D analyzers, for BrACs of 0-0.059 g/210 L. The data from 62 law enforcement breath-alcohol testing sites were collected and pooled, with BrACs recorded to three decimal places, and otherwise carried out under the standard Oklahoma evidential breath-alcohol testing protocol. For 2105 pooled simulator control tests at 0.06-0.13 g/210 L the mean +/- SD of the differences between target and result were -0.001 +/- 0.0035 g/210 L and 0.003 +/- 0.0023 g/210 L for signed and absolute differences, respectively (spans -0.016-0.010, 0.000-0.016). For 2078 paired duplicate breath-alcohol measurements with the Intoxilyzer 5000-D, the mean +/- SD difference (BrAC1-BrAC2) were 0.002 +/- 0.0026 (span 0-0.020 g/210 L). Variability of breath-alcohol measurements was related inversely to the alcohol concentration. Ninety-nine percent prediction limits for paired BrAC measurements correspond to a 0.020 g/210 L maximum absolute difference, meeting the NSC/CAOD recommendation that paired breath-alcohol analysis results within 0.02 g/210 L shall be deemed to be in acceptable agreement. We conclude that the field system for breath-alcohol analysis studied by us can and does perform reliably and accurately at low BrACs.

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Dubowski, Quality Assurance in Breath-Alcohol Analysis, 18 Journal of Analytical Toxicology 306 (Oct 1994)

Evidential breath-alcohol testing requires an adequate quality assurance (QA) program to safeguard the testing process and validate its results. A comprehensive QA program covers (a) test subject preparation and participation; (b) the analysis process; (c) test result reporting and records; (d) proficiency testing, inspections, and evaluations; and (e) facilities and personnel aspects. Particularly important are the following necessary scientific safeguards as components of quality control: (a) a pretest deprivation-observation period of at least 15 minutes; (b) blank tests immediately preceding each breath-collection step; (c) analysis of at least duplicate breath specimens; and (d) a control test accompanying every subject test. These safeguards have withstood adversarial challenges in the judicial system for more than 30 years.

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Gulberg, Distribution of the Third Digit in Breath Alcohol Analysis, 36 Journal of Forensic Science 976 (1991)

Harding, Field, Breathalyzer Accuracy in Actual Law Enforcement Practice: A Comparison of Blood-and Breath-Alcohol Results in Wisconsin Drivers, 32 Journal of Forensic Science 1235 (1987)

Breathalyzer and blood-alcohol results from drivers arrested for operating a motor vehicle while intoxicated and for related offenses were compared during a two-year period. Four hundred and four pairs of breath- and blood-alcohol results from specimens collected within 1 h of each other were studied. Blood-alcohol concentrations ranged from zero to 0.421% weight per volume (w/v). Breath-alcohol concentrations ranged from zero to 0.44 g/210 L. The mean Breathalyzer result was 0.16 g/210 L. The mean blood-alcohol result was 0.176% w/v. Compared to the blood-alcohol result, Breathalyzer results were lower by more than 0.01 g/210 L 61% of the time, within 0.01 g/210 L 33% of the time, and higher by more than 0.01 g/210 L 6% of the time.

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Kevin’s summary: Only 33% of breathtests correlated to associated blood tests. But watch out because breath is more often lower than blood.

Harding, Methods for Breath Analysis, Medical-Legal Aspects of Alcohol 185, 186 (James C. Garriott ed.,)

Hlastala, Breathing-Related Limitations to the Alcohol Breath Test. DWI Journal: Science and Law 17: 1-4, (December, 2002)

Hlastala, Invited Editorial on “The Alcohol Breath Test,” 93 Journal of Applied Physiology 405, 405 (2002)

Hlastala, Physiological Errors Associated with Alcohol Breath Testing, 9 The Champion 16 (1985)

Hlastala, Physiological Laws of Alcohol Breath Testing

Hlastala, The Alcohol Breath Test – A Paradigm Shift

Hlastala, The Alcohol Breath Test – A Review, 84 (2) Journal of Applied Physiology 401, 402-03 (1998)

The alcohol breath test (ABT) is evaluated for variability in response to changes in physiological parameters. The ABT was originally developed in the 1950s, at a time when understanding of pulmonary physiology was quite limited. Over the past decade, physiological studies have shown that alcohol is exchanged entirely within the conducting airways via diffusion from the bronchial circulation. This is in sharp contrast to the old idea that alcohol exchanges in the alveoli in a manner similar to the lower solubility respiratory gases (O2 and CO2). The airway alcohol exchange process is diffusion (airway tissue) and perfusion (bronchial circulation) limited. The dynamics of airway alcohol exchange results in a positively sloped exhaled alveolar plateau that contributes to considerable breathing pattern-dependent variation in measured breath alcohol concentration measurements.

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Hlastala, Why Breath Tests of Blood-Alcohol Don’t Work, In: DWI on Trial – The Big Apple Seminar. May, 2001.

Johnson, Horowitz, Maddox, Wishart, Shearman, Cigarette Smoking and Rate of Gastric Emptying: Effect on Alcohol Absorption, 302 British Medical Journal 20 (1991)

OBJECTIVE--To examine the effects of cigarette smoking on alcohol absorption and gastric emptying. DESIGN--Randomised crossover study. SETTING--Research project in departments of medicine and nuclear medicine. SUBJECTS--Eight healthy volunteers aged 19-43 who regularly smoked 20-35 cigarettes a day and drank small amounts of alcohol on social occasions. INTERVENTIONS--Subjects drank 400 ml of a radiolabelled nutrient test meal containing alcohol (0.5 g/kg), then had their rates of gastric emptying measured. Test were carried out (a) with the subjects smoking four cigarettes an hour and (b) with the subjects not smoking, having abstained for seven days or more. The order of the tests was randomised and the tests were conducted two weeks apart. MAIN OUTCOME MEASURES--Peak blood alcohol concentrations, absorption of alcohol at 30 minutes, amount of test meal emptied from the stomach at 30 minutes, and times taken for 50% of the meal to leave the proximal stomach and total stomach. RESULTS--Smoking was associated with reductions in (a) peak blood alcohol concentrations (median values in non-smoking versus smoking periods 13.5 (range 8.7-22.6) mmol/l v 11.1 (4.3-13.5) mmol/l), (b) area under the blood alcohol concentration-time curve at 30 minutes (264 x 10(3) (0-509 x 10(3)) mmol/l/min v 140 x 10(3)) (0-217 x 10(3) mmol/l/min), and (c) amount of test meal emptied from the stomach at 30 minutes (39% (5-86%) v 23% (0-35%)). In addition, smoking slowed both the 50% gastric emptying time (37 (9-83) minutes v 56 (40-280) minutes) and the intragastric distribution of the meal. There was a close correlation between the amount of test meal emptied from the stomach at 30 minutes and the area under the blood alcohol concentration-time curve at 30 minutes (r = 0.91; p less than 0.0001). CONCLUSION--Cigarette smoking slows gastric emptying and as a consequence delays alcohol absorption.

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Jones, Logan, DUI Defenses, Drug Abuse Handbook 1006, 1024 (Steven B. Karch ed., 1988)

Jones, Evaluation of Breath-Alcohol Instruments, 28 Forensic Science International 147 (1985)

This paper reports results from a field trial with a breath-alcohol screening device--Alcolmeter pocket model. Breath tests were made with drivers apprehended during routine controls (road-blocks), for traffic violations and those involved in traffic accidents. Of 908 roadside breath tests made with chemical reagent tubes, 343 showed zero alcohol (no colour change) and these results were confirmed by Alcolmeter. Alcohol was detected in 191 tests but the level was judged as being below the legal limit of 0.50 mg/ml. The Alcolmeter results, however, ranged from 0 to 1.22 mg/ml (mean 0.21 mg/ml) and 15 individuals (7.8%) were above the legal limit. There were 373 positive chemical tube breath screening tests whereas in 5 cases (1.3%) Alcolmeter indicated a blood-alcohol level below 0.50 mg/ml. Duplicate determinations with the Alcolmeter device were highly correlated r = 0.93 +/- 0.02 (+/- S.E.), P less than 0.001. The standard deviation of a single breath-alcohol analysis under field conditions was +/- 0.10 mg/ml which corresponds to a coefficient of variation of 10%. The time interval between positive roadside breath test and blood-sampling ranged from 5 to 220 min (median 62 min). The results were therefore adjusted by 0.15 mg/ml per hour to compensate for ethanol metabolised between the time of sampling blood and breath. The corrected blood and breath values were well correlated r = 0.84 +/- 0.03, P less than 0.001 but the predictive power of the regression relationship was poor. The regression equation was y = 0.27 +/- 0.65x and the standard error estimate was +/- 0.21 mg/ml at the mean concentration of ethanol of 1.0 mg/ml.

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Jones, How Breathing Technique Can Influence the Results of Breath-Alcohol Analysis, 22 (4) Medicine, Science, and the Law 275, 275 (1982)

Kevin’s summary: Holding breath for 30 seconds = 15.7% increase. Hyperventilating for 20 seconds; decreased by 10.6%
Mouth closed and shallow – nasal breathing for 5 minutes = increase by 7.3%.
Slow 20 second exhale = 2% increase.
Factors = increased temperature of breath
Increased contact with mucous membranes
(also see Ohlson (1990))

Jones, Physiological Aspects of Breath-Alcohol Measurement, 6 Alcohol, Drugs and Driving, 2

Rose and Furton, Variables Affecting the Accuracy and Precision of Breath Alcohol Instruments Including the Intoxilyzer 5000

Simpson, Accuracy and Precision of Breath Alcohol Measurements for Subjects in the Absorptive State, 33(6) Clin. Chem. 753 (June 1987)

Published data are analyzed in order to estimate the accuracy of breath-alcohol measurements for subjects during absorption of orally ingested ethanol. Simultaneous measurements of breath alcohol concentration (BrAC) and venous blood alcohol concentration (VBAC) show that actual VBAC can be overestimated by more than 100% for a significant amount of time after drinking stops. The maximum error found for four individual subjects is +230%, +190%, +60%, and +30%. The magnitude of these errors indicates that results from quantitative evidential breath alcohol analyzers are far less accurate for the absorptive state than they are during the postabsorptive state, but the specifications for accuracy and precision given by manufacturers of these instruments do not reflect this. The results also indicate that there is a significant likelihood that subjects will be in the absorptive state when tested under field conditions. I conclude that estimates of BAC based on BrAC measurements are not reliable in the absorptive state and that the uncertainty associated with such estimates should be accounted for, particularly when the results are used in connection with law enforcement.

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Simpson, Accuracy and Precision of Breath-Alcohol Measurements for a Random Subject in the Postabsorptive State, 33 Clinical Chemistry 261 (1987)

The accuracy of estimates of blood-alcohol concentration based on measurements of breath-alcohol concentration in a randomly selected subject by a random quantitative evidential breath-alcohol analyzer is evaluated with respect to the breath analyzer itself, its calibration, and the biological variables of the subject being tested. There are no suitable experimental data for rigorous determination of the overall accuracy, so I estimate it from the CV of the available data. I find that the uncertainty in these breath-analyzer readings for a random subject in the postabsorptive state is at least +/- 15%, +/- 19%, or +/- 27%, depending on whether +/- 2 CV, the experimental range, or +/- 3 CV, respectively, is used to express the overall uncertainty. Over 90% of this uncertainty is due to biological variables of the subject, and at least 23% of subjects will have their actual blood-alcohol concentration overestimated. Manufacturers' specifications for the accuracy and precision of these instruments are inconsistent with the experimental values reported in the literature and I recommend that an appropriate amount of uncertainty be reflected in the results from these breath analyzers, especially when they are used for law-enforcement purposes.

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Simpson, Corrections to a Report, 33(11) Clin Chem 2130 (Nov 1987)

Simpson, Do Breath Tests Really Underestimate Blood Alcohol Concentration? 13(2) Journal of Analytical Toxicology, 120 (Mar-Apr 1989)

It has been reported that in the fully postabsorptive state, breath test results underestimate actual blood alcohol concentration (BAC) in 86% of the population. Reanalysis of the data on which this conclusion was based indicates 77% of these subjects were actually underestimated, and 23% were overestimated. Further refinements indicate 68% had their actual BAC underestimated, 16% were acceptably close to the actual BAC, and 16% were overestimated. Perhaps more importantly, comparison of this data with other results indicates fully postabsorptive status may not occur until more than three hours after drinking. Consequently, breath test results may tend to overestimate actual BAC for significant amounts of time after the peak BAC has been reached.

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Gender and Race
Frezza & Lieber, High Blood Alcohol Levels in Women: The Role of Decreased Gastric Alcohol Dehydrogenase Activity and First-Pass Metabolism, 322 (2) New England Journal of Medicine 95 (1990)

After consuming comparable amounts of ethanol, women have higher blood ethanol concentrations than men, even with allowance for differences in size, and are more susceptible to alcoholic liver disease. Recently, we documented significant "first-pass metabolism" of ethanol due to its oxidation by gastric tissue. We report a study of the possible contribution of this metabolism to the sex-related difference in blood alcohol concentrations in 20 men and 23 women. Six in each group were alcoholics. The first-pass metabolism was determined on the basis of the difference in areas under the curves of blood alcohol concentrations after intravenous and oral administration of ethanol (0.3 g per kilogram of body weight). Alcohol dehydrogenase activity was also measured in endoscopic gastric biopsies. In nonalcoholic subjects, the first-pass metabolism and gastric alcohol dehydrogenase activity of the women were 23 and 59 percent, respectively, of those in the men, and there was a significant correlation (rs = 0.659) between first-pass metabolism and gastric mucosal alcohol dehydrogenase activity. In the alcoholic men, the first-pass metabolism and gastric alcohol dehydrogenase activity were about half those in the nonalcoholic men; in the alcoholic women, the gastric mucosal alcohol dehydrogenase activity was even lower than in the alcoholic men, and first-pass metabolism was virtually abolished. We conclude that the increased bioavailability of ethanol resulting from decreased gastric oxidation of ethanol may contribute to the enhanced vulnerability of women to acute and chronic complications of alcoholism.

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Milne, Canfield, Gallagher, Hunt, Klevay, Ethanol Metabolism in Postmenopausal Women Fed a Diet Marginal in Zinc, 46 American Journal of Clinical Nutrition 688 (1987)

Five postmenopausal women aged 50-63 y were fed a diet of mixed Western foods that supplied an average of 2.6 mg zinc/d for 6 mo. Plasma zinc did not change significantly during Zn depletion but increased slightly when Zn was fed. Zn content of blood cellular components and activities of Zn-containing enzymes were not affected by Zn intake. Ethanol tolerance tests performed at the end of control, middle of depletion, end of depletion, and end of repletion showed a change in ethanol metabolism at the end of the low-Zn intake period that was corrected within 1 mo with Zn supplementation. These data suggest that there are homeostatic mechanisms that maintain circulating levels of Zn. Zn and activity of Zn enzymes in tissues may be decreased before changes in circulating Zn levels are seen. Functional indices of Zn biochemistry, such as ethanol metabolism, may be more sensitive indicators of Zn stores and nutriture than circulating Zn.

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Papple, The Effect of Oral Contraceptive Steroids on the Rate of Post-Absorptive Phase Decline of BAC in Adult Women, 15 Canadian Society of Forensic Science Journal (1982)

Wolff, Ethnic Differences in Alcohol Sensitivity, 175 Science 449 (1972)

Yoshida, et al., Molecular Genetics of Alcohol-Metabolizing Enzymes, 16 Biochemical Society Transactions 230 (1988)


Mouth Alcohol
Gaylarde, Stambuk & Morgan, Reductions in Breath Ethanol Readings in Normal Male Volunteers Following Mouth Rinsing with Water at Differing Temperatures, 22 Alcohol & Alcoholism 113 (1987)

Blood ethanol concentrations were measured sequentially, over a period of hours, using a Lion AE-D2 alcolmeter, in 12 healthy male subjects given oral ethanol 0.5 g/kg body wt. Readings were taken before and after rinsing the mouth with water at varying temperatures. Mouth rinsing resulted in a reduction in the alcolmeter readings at all water temperatures tested. The magnitude of the reduction was greater after rinsing with water at lower temperatures. This effect occurs because rinsing cools the mouth and dilutes retained saliva. This finding should be taken into account whenever breath analysis is used to estimate blood ethanol concentrations in experimental situations.

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Giguiere, Lewis, Baselt, Dentures and Denture Adhesives on Mouth Alcohol Retention, 37 Journal of Forensic Science. 99 (1992)

Harding, et. al., The Effect of Dentures and Denture Adhesives on Mouth Alcohol Retention, 37 Journal of Forensic Science 999, 1003 (july 1992)

A total of 24 alcohol-free, denture-wearing subjects were tested for mouth-alcohol retention times with an Intoxilyzer 5000. The subjects were given 30 mL doses of 80 proof brandy to swish in their mouths without swallowing for 2 min prior to expectorating the dose. Subjects were tested under three conditions: 1) with dentures removed, 2) with dentures held loosely in place without an adhesive, and 3) with dentures plus an adhesive. Beyond 20 min following expectoration, mouth alcohol made no significant contribution to the apparent breath alcohol concentration (BrAC), with trace (less than or equal to 0.01 g/210 L) readings found in only two of the subjects. Denture use, both with and without the concurrent use of adhesives does not significantly affect BrAC as long as a pretest alcohol deprivation period of 20 min is observed.

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Hlastala, The Slope Detector, Drinking Driving Law Letter, 15:153-157, (1996)

Jones, Reflection on the GERD Defense, DWI Journal; Law and Science 3 (2005)

Kechagias, Jonsson, Franzen, Andersson and Jones, Reliability of Breath-Alcohol Analysis in Individuals with Gastroesophageal Reflux Disease, 44 (4) J. Forensic Sci. 814, 814 (Jul. 1999)

Gastroesophageal reflux disease (GERD) is widespread in the population among all age groups and in both sexes. The reliability of breath alcohol analysis in subjects suffering from GERD is unknown. We investigated the relationship between breath-alcohol concentration (BrAC) and blood-alcohol concentration (BAC) in 5 male and 5 female subjects all suffering from severe gastroesophageal reflux disease and scheduled for antireflux surgery. Each subject served in two experiments in random order about 1-2 weeks apart. Both times they drank the same dose of ethanol (approximately 0.3 g/kg) as either beer, white wine, or vodka mixed with orange juice before venous blood and end-expired breath samples were obtained at 5-10 min intervals for 4 h. An attempt was made to provoke gastroesophageal reflux in one of the drinking experiments by applying an abdominal compression belt. Blood-ethanol concentration was determined by headspace gas chromatography and breath-ethanol was measured with an electrochemical instrument (Alcolmeter SD-400) or a quantitative infrared analyzer (Data-Master). During the absorption of alcohol, which occurred during the first 90 min after the start of drinking, BrAC (mg/210 L) tended to be the same or higher than venous BAC (mg/dL). In the post-peak phase, the BAC always exceeded BrAC. Four of the 10 subjects definitely experienced gastric reflux during the study although this did not result in widely deviant BrAC readings compared with BAC when sampling occurred at 5-min intervals. We conclude that the risk of alcohol erupting from the stomach into the mouth owing to gastric reflux and falsely increasing the result of an evidential breath-alcohol test is highly improbable.

Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health

Kechagias, Johnsson, and Jones, Breath Tests for Alcohol in Gastroesophageal Reflux Disease, 130 Annals of Internal Medicine 328 (1999)

Trafford & Makin, Breath Alcohol Concentration May Not Always Reflect the Concentration of Alcohol in Blood, 18 Journal of Analytical Toxicology 225 (1994)

A case is described of a 37-year-old man who was breath tested by the U.K. police following a traffic accident and was found to have a breath-alcohol concentration of 70 micrograms/100 mL--twice the U.K. legal limit. The defendant protested vigorously that he had not consumed sufficient alcohol to account for this excessive reading, and Widmark calculations, assuming his account of the alcohol consumed was accurate, suggested his contention was possibly correct. No evidence was obtained suggesting that the Lion Intoximeter used for the breath analysis was anything other than accurate. Alcohol loading tests were therefore carried out in the laboratory on two separate occasions, showing that breath-alcohol concentrations grossly in excess of the legal limit (140 micrograms/100 mL) were obtained when the amount of alcohol administered would have been expected to give a theoretical maximum of 35 micrograms/100 mL. A blood sample taken at the point when the breath-alcohol concentration was 70 micrograms/100 mL was shown to contain 54 mg of alcohol/100 mL of blood. Dental examination of the defendant showed that he had had extensive work carried out, including three bridges. A possible explanation, therefore, for these anomalous results is that the excessive breath-alcohol concentrations might be due to mouth alcohol retained in the bridges or periodontal spaces, although a careful fraud by the subject of this report cannot be ruled out.(ABSTRACT TRUNCATED AT 250 WORDS)

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Partition Ratio
Borkenstein et al. Statement, Ad Hoc Committee on the Breath/Blood Alcohol Relationship. Indianapolis.Ind.U.law school Jan 1972

Borkenstein, Dubowski, Forney, Sr., Harger, Goldber announced the partition ration principle:
2.1 liters of expired alveolar air contains approximately the same quantity of alcohol as 1 milliliter of blood. They declared the 2100:1 partition ration warranted.

Giguiere & Simpson, Medicolegal Alcohol Determination: In Vivo Blood/Breath Ratios as a Function of Time, Proceedings of the 27th Meeting of the International Association of Forensic Toxicologists 494 (Oct. 1990)

Absorption Averages 50 minutes

Jones, Viability of the blood: Breath Alcohol Ration in Vivo, 39(1) Journal of Studies on Alcohol 1931 (1978)

The blood:breath alcohol ratio, commonly used to translate the result of breath alcohol analysis into the co-existing blood alcohol concentration, varies from person to person and within one person over time.

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Labianca, Simpson, Mediolegal Alcohol Determination: Variability of the Blood – to Breath –Alcohol Ration and Its Effect on Reported Breath Alcohol Concentrations, 33 Eur. J. Clin. Chem. Clin. Biochem 919, 919 (1995)

There is substantial agreement among scientists that the variability of a person's blood- to breath-alcohol ratio contributes significantly to the experimental error in results from breath-alcohol analysis. Some have argued that the need to correct for this source of error can be eliminated by reporting breath test results in units of breath-alcohol concentration rather than blood-alcohol concentration. A simple mathematical proof is presented to demonstrate that this is not the case. Moreover, the scientific and legal flaws of this argument are discussed, and recommendations are offered for dealing with the problems that have developed from adoption of this view.

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Labianca. The Chemical Basis of the Breathalyzer, 67 Journal of Chemical Education 259 (1990)

Labianca, The Flawed Nature of the Calibration Factor in Breath-Alcohol Analysis, 79 Journal of Chemical Education 1237 (2002)

Mason and Dubowski, Alcohol, Traffic, and Chemical Testing in the United States: a resume and some remaining problems. Clin.Chem 20:126-140, 1974

Mason and Dubowski, Breath –Alcohol Analysis: Uses, Methods and Some Forensic Problems: Review and Opinion. 21 Journal of Forensic Sciences 9 (1976)

Breath analysis for ethanol, especially in respect to the forensic aspects, has been reviewed. Included are matters dealing with instrumentation, physiological factors involved in the elimination of ethanol via the breath, and, especially, the uncertainties in the calculation of a whole blood concentration of ethanol from the quantity found in breath. We believe that the conversion of a breath quantity to a blood concentration of ethanol, for forensic purposes, should be abandoned and that the offense of driving while under the influence of alcohol should be statutorily defined in terms of the concentration of ethanol found in the breath in jurisdictions employing breath analysis. The breath sample should be obtained and analyzed only with instruments having capabilities which would require some extension of present federal standards for evidential breath-testing devices. Events in early 1975 indicate that implementation of some of these proposals may soon be undertaken.

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Abandon the breath to blood conversion, retrograde extrapolation has too many factors to be reliable

Tsukamoto etal., An Experimental Study on the Ethanol Concentration Ratios of Breath to Body Fluid, 25 Nihon University Journal of Medicine 281 (1983)

The partition ratio varies greatly between people and particularly between the absorption phase and elimination phase.



Specificity
Bell, et al., Diethyl Ether Interference with Infrared Breath Analysis, 16 Journal of Analytical Toxicology (1992)

Diethyl ether vapor may substantially interfere with breath alcohol analysis by instruments based on infrared absorption at 9.5 microns. Exposure of two volunteers simultaneously to diethyl ether vapor for one hour followed immediately by breath tests on the Draeger Alcotest 7110, Siemens Alcomat V5.2F, and Seres Ethylometre 679T produced apparent alcohol readings in one subject of 0.4, 0.1, and 0.1 g/100 mL of blood respectively. Positive readings persisted in this subject for more than 3 hours. The second subject produced much lower readings of 0.03, 0.01, and 0.00, respectively. Readings persisted with the Alcotest 7110 for one hour. Gas chromatographic analyses of blood and breath samples confirmed that these readings were caused by diethyl ether and not ethanol. The blood concentration of diethyl ether in Subject A immediately after exposure was 25 mg/L. This level produced no clinically detectable neurological changes in the subject.

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Diethyl ether interfered with breathtests at 9.5 microns. Diethyl ether is found in auto products, used to manufacture plastics and smokeless gunpowder.

Bosch, Xavier, Using Asthma Inhalers Can Give False Positive Results in Breath Tests, 324 British Medical Journal, 756 (2002)

Inhalers without ethanol produced false positives for ethanol when subjects given breath tests within 10 minutes. Dr. Ignacio-Garcia suggests that the propellants are the cause.

Brick, Diabetes, Breath Acetone and Breathalyzer Accuracy: A Case Study, 9 (1) Alcohol, Drugs and Driving (1993)

Ketones in breath = erroneous high BAC

Caldwell & Kim, The Response of the Intoxilyzer 5000 to Five Potential Interfering Substances, 42 (6) Journal of Forensic Sciences 1080, 1084 (1997)

A study was conducted of potential vapor phase interferents which could be present on human breath and also be capable of inducing a false-positive response for ethanol on the evidential infrared-based breath testing device, the Intoxilyzer-5000. This involved preparation and validation of a range of vapor standards, which were introduced to the instrument using a dynamic flow double-bubbler system. Potential interferents were chosen on the basis of both their infrared signatures and their general availability, and included toluene, m-xylene, o-xylene, methanol and isopropanol. All compounds tested were found to be capable of inducing false-positive readings for ethanol in a highly reproducible manner, as a result of which it has been possible to derive precise least-squares equations describing the ethanol readout expected for any given blood concentration of toluene, m-xylene, o-xylene, methanol and isopropanol. The likelihood of an interference compromising the integrity of the analysis is related to both the toxicological significance and prevalence of a given blood concentration of each solvent, and the point at which the instrumental interference light is triggered in each case.

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Edwards, Giguiere, Lewis & Baselt, Intoxilyzer Interference by Solvents, 10(3) Journal of Analytical Toxicology 125, 125 (May-June 1986)

Feeney, Horne & Williamson, Sobriety Testing: Intoxilyzers and Listerine Antiseptic, 52 Police Chief 70 (1985)

Kevin’s summary: Listerine rinse per label (30 sec)
.43 breath sample after 1 min
.20 breath sample after 3 min
.11 breath sample after 5 min
.01 breath sample after 10 min (one guy had .03 still)

Giguiere, Lewis, Baselt, Chang, Lacquer fumes and the Intoxilyzer, 12 Journal of Analytical Toxicology 168, 168 (1988)

Painter blows a .075 on Intoxilizer after painting with lacquer fumes for 20 minutes with mask. Then another ten minutes without mask blew .48

Janhanen, Baraona, Hiyakawa, and Lieber, Origin of Breath Acetaldehyde During Ehtanol Oxidation: Effects of Long-Term Cigarette Smoking, 100 Journal of Laboratory Clinical Medicine 908 (1982)

Acetaldehyde greater than would be expected if just passing from liver to lungs via blood.
Acetaldehyde was greater in the lungs for smokers than non smokers.
See Stowell (1984)

Krotosyynski, Gabriel, O’Neil & Claudio, Characterization of Human Expired Air: A Promising Investigation and Diagnostic Technique, 15 Journal of Chromatographic Science 239 (1977)

Expired air samples have been collected from a carefully selected population of normal healthy human subjects under controlled experimental conditions. The samples were concentrated and analyzed by quantitative, reproducible and sensitive techniques which resulted in well-defined composite compositional and occurrence profiles of the organic constituents present in normal expired air. The composite profiles provide valuable baseline information upon which suitable correlation studies may be advanced toward the use of human expired air for diagnostic purposes.

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28 different subjects / 102 various organic compounds 70% of compounds common to 76% of population studied

Labianca, How Specific for Ethanol is Breath-Alcohol Analysis Based on Absorption of IR Radiation at 9.5 um? 16 Journal of Analytical Toxicology 404, 405 (Nov.-Dec. 1992)

Breath testing lacks of specificity because thousands of organic molecules that contain the methyl group and the corresponding carbon-hydrogen bond absorb the light producing a false positive.

Logan & Distefano, Ethanol Content of Various Foods and Soft Drinks and their Potential for Interference with a Breath-Alcohol Test, 22 Journal of Analytical Toxicology 181 (1988)

Datamaster read up to .046 on bread etc. The mouth alcohol
Slope detector failed but, with all of our checks and protocols we reduce risk to zero

Manolis, The Diagnostic Potential of Breath Analysis, 29 Clinical Chemistry 5 (1983)

200 compounds found in breath; acetone can be found on the breath of diabetics and persons loosing ½ pound per week.

Mason and Dubowski, Breath as a Specimen for Analysis for Ethanol and Other Low-Molecular-Weight Alcohols, Medical-Legal Aspects of Alcohol 177, 180

Stowell, et al., A Reinvestigation of the Usefulness of Breath Analysis in the Determination of Blood Acetaldehyde Concentrations, 8 Alcoholism: Clinical and Experimental Research 442 (1984)

Human volunteers were given ethanol (0.4 g/kg) either intravenous or per os. They were also given ethanol (0.2 g/kg) intravenous 4 hr after receiving a dose of 50 mg citrated calcium carbimide, an aldehyde dehydrogenase inhibitor. During the first hour after starting the administration of ethanol, ethanol and acetaldehyde concentrations were determined in expired air, blood from the right atrium, arterial blood, and venous blood. In the absence of calcium carbimide treatment, the respective maximal blood acetaldehyde concentrations were (range): 6-30 microM (calculated from breath analysis using a blood:breath partition ratio of 190 for acetaldehyde); 0-3.5 microM (right atrium blood); and 0 microM (arterial and venous blood). After calcium carbimide treatment, the maximal blood acetaldehyde concentrations were 10-220 microM (calculated from concentrations in expired air), 38-280 microM (right atrium), 31-250 microM (arterial blood), and 7-186 microM (venous blood). With aldehyde dehydrogenase inhibition, a clear correlation existed between breath concentrations and blood concentrations. Without this inhibition, no such correlation was found. A clear arterio-venous difference was seen for acetaldehyde concentrations while they were artificially elevated by calcium carbimide. Our study suggests that factors other than the equilibration of acetaldehyde between alveolar air and pulmonary blood are of great importance in determining the concentration of acetaldehyde in expired air.

Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health

Acetaldehyde was coming not from the liver but the lungs! Showing BAC 30 times higher



Temperature
Bell, What About the Humble Mouthpiece? Breath Sample Modification and Implications for Breath Alcohol Analysis, Victoria Forensic Science Centre

Carpenter and Buttram, Breath Temperature: An Alabama Perspective, 9 IACT Newsletter 16, 16 (July 1998)

1. One reason the Draeger Alcotest is better than Datamaster is because it measures breath temperature
2. Reviewing “Modern” literature 34° is not average. 35° is average.
3. Schokneckt says 33 - 36.7° range.

Dubowski, Studies in Breath-Alcohol Analysis: Biological Factors, 76 International Journal of Legal Medicine 93 (1975)

Various biological factors affecting breath-alcohol analysis were studied experimentally. End-expiratory temperatures in 55 healthy subjects were found to range from 32.41 to 35.69 degrees C with a mean of 34.53 degrees C. Forced vital capacity in the same subjects ranged from 1825 to 6550 ml with a mean of 4038 ml, and maximum exhalation after normal inhalation ranged from 1180 to 4550 ml with a mean of 2730 ml. It was found that 65-70% of available breath must be discarded before the alveolar plateau is reached during expiration. End-expiratory (alveolar) carbon dioxide in 155 healthy subjects was 3.5-8.3% by volume (mean = 6.52). After oral alcohol intake, retained mouth-alcohol in 8 subjects had disappeared after 11 minutes without subsequent water-rinsing of the mouth, and after 8 minutes with rinsing. Water condensation in plastic mouthpieces/saliva traps during breath sampling yielded mean weight gains of 13.0, 8.6, and 4.6 mg., respectively, at initial mouthpiece temperatures of 3 degrees C, 22.5 degrees C, and 34.7 degrees C, respectively.

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Fox and Hayward, Effects of Hyperthermia on Breath Alcohol Analysis 34 Journal of Forensic Sciences 320 (1987)

Hyperthermia causes up to a 23% increase of breath alcohol over blood alcohol. 8.62% increase of breath alchol over blood alcohol per degree Celsius increase in core body temperature.
Mouth temperature should be measured to allow a temperature correction factor.

Jones, Effect of Temperature and Humidity of Inhaled Air on the Concentration of Ethanol in a Man’s Exhaled Breath, 63 Clinical Science 441, 441 (1982)

Jones, Medicolegal Alcohol Determinations – Blood-or Breath-Alcohol Concentrations? 12 Forensic Science Review 23, 42 (Jan. 2000)

McMurray, Breath Temperature and Breath Alcohol Analysis, 20 DWI Journal: Law and Science, 5 (2005)

Ohlson, etal., Accurate Measurement of Blood Alcohol Concentration with Isothermal Rebreathing, 51 (1) Journal of Studies on Alcohol 6 (1990)



Endogenous Articles
Jones, Mardh, and Anggard, Determination of Endogenous Ethanol in Blood and Breath by Gas Chromatography – Mass Spectometry, 18 Pharmacology, Bid Chemistry and Behavior 267-272 (Supp 1, 1983)

We describe methods for the determination of endogenous ethanol in biological specimens from healthy abstaining subjects. The analytical methods were headspace gas chromatography (GC) for plasma samples and gas chromatography-mass spectometry (GC/MS) with deuterium labelled species 2H3-ethanol and 2H5-ethanol as internal standards for breath analysis. Ethanol in rebreathed air was about 10% higher than in directly analysed end-expired alveolar air. Known volumes of rebreathed air were passed through a liquid-N2 freeze trap and the volatile constituents of breath were concentrated prior to analysis by GC or GC/MS. Besides endogenous ethanol, peaks were seen on the chromatograms for methanol, acetone and acetaldehyde as well as several as yet unidentified substances. The endogenous alcohols ethanol and methanol were confirmed from their mass chromatograms and the GC/MS profile also indicated the presence of endogenous propan-1-ol. The concentration of endogenous ethanol in plasma showed wide inter-subject variations ranging from below detection limits to 1.6 micrograms/ml (34.8 mumol/l) and with mean +/- SD of 0.39 +/- 0.45 micrograms/ml (8.5 +/- 9.8 mumol/l). We aim to characterise further the role of endogenous ethanol with the main focus on dynamic aspects such as the rate of formation and turnover.

Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health

This study establishes the existence of endogenous ethanol by use of GC-M.Spect


Fatigue Articles
Arnedt, Owens, Crouch, Stahl, Carskadon, Neurobehavioral Performance of Residents After Heavy Night Call vs. After Alcohol Ingestion 294(9) JAMA 1025-1033 (2005)

CONTEXT: Concern exists about the effect of extended resident work hours; however, no study has evaluated training-related performance impairments against an accepted standard of functional impairment. OBJECTIVES: To compare post-call performance during a heavy call rotation (every fourth or fifth night) to performance with a blood alcohol concentration of 0.04 to 0.05 g% (per 100 mL of blood) during a light call rotation, and to evaluate the association between self-assessed and actual performance. DESIGN, SETTING, AND PARTICIPANTS: A prospective 2-session within-subject study of 34 pediatric residents (18 women and 16 men; mean age, 28.7 years) in an academic medical center conducted between October 2001 and August 2003, who were tested under 4 conditions: light call, light call with alcohol, heavy call, and heavy call with placebo. INTERVENTIONS: Residents attended a test session during the final week of a light call rotation (non-post-call) and during the final week of a heavy call rotation (post-call). At each session, they underwent a 60-minute test battery (light and heavy call conditions), ingested either alcohol (light call with alcohol condition) or placebo (heavy call with placebo condition), and repeated the test battery. Performance self-evaluations followed each test. MAIN OUTCOME MEASURES: Sustained attention, vigilance, and simulated driving performance measures; and self-report sleepiness, performance, and effort measures. RESULTS: Participants achieved the target blood alcohol concentration. Compared with light call, heavy call reaction times were 7% slower (242.5 vs 225.9 milliseconds, P<.001); commission errors were 40% higher (38.2% vs 27.2%, P<.001); and lane variability (7.0 vs 5.5 ft, P<.001) and speed variability (4.1 vs 2.4 mph, P<.001) on the driving simulator were 27% and 71% greater, respectively. Speed variability was 29% greater in heavy call with placebo than light call with alcohol (4.2 vs 3.2 mph, P = .01), and reaction time, lapses, omission errors, and off-roads were not different. Correlation between self-assessed and actual performance under heavy call was significant for commission errors (r = -0.45, P = .01), lane variability (r = -0.76, P<.001), and speed variability (r = -0.71, P<.001), but not for reaction time. CONCLUSIONS: Post-call performance impairment during a heavy call rotation is comparable with impairment associated with a 0.04 to 0.05 g% blood alcohol concentration during a light call rotation, as measured by sustained attention, vigilance, and simulated driving tasks. Residents' ability to judge this impairment may be limited and task-specific.

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Dawson, Reid, Fatigue, Alcohol, and Performance Impairments, Nature 388, 235 (1997)

Moderate fatigue = impaired driving
Equivalent to alcohol DUI impairment.


Field Sobriety Tests Articles
Booker, End Position Nystagmus as an Indicator of Ethanol Intoxication 40(2) Science and Justice 113 – 116 (2001)

The Horizontal Gaze Nystagmus test is used by law enforcement agencies in the United States to determine whether drivers are intoxicated. It has a high baseline error and a dose/response relationship that varies greatly according to whether the subject's blood alcohol concentration is rising or falling. Confusion exists among practitioners of the test about whether it quantifies alcohol concentration or evaluates impairment. Fatigue exacerbates one component of the HGN test, end-position nystagmus. Video tapes recorded by cameras in police vehicles revealed that police officers rarely comply with the minimum requirements of the nystagmus examination procedures for which they were trained and certified.

Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health

Alcohol vs. Fatigue as the cause of HGN
55% False positives for fatigued nondrinkers.
Dose response relationship varies depending on absorptive vs. postabsorptive phase
More than 50% of subjects had positive HGN after BAC returned to 0.0

Cole and Nowaczyk, Field Sobriety Tests: Are they Designed for Failure? 79 Perceptual and Motor Skills, 1994

Field sobriety tests have been used by law enforcement officers to identify alcohol-impaired drivers. Yet in 1981 Tharp, Burns, and Moskowitz found that 32% of individuals in a laboratory setting who were judged to have an alcohol level above the legal limit actually were below the level. In this study, two groups of seven law enforcement officers each viewed videotapes of 21 sober individuals performing a variety of field sobriety tests or normal-abilities tests, e.g., reciting one's address and phone number or walking in a normal manner. Officers judged a significantly larger number of the individuals as impaired when they performed the field sobriety tests than when they performed the normal-abilities tests. The need to reevaluate the predictive validity of field sobriety tests is discussed.

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Cole and Nowaczyk, Separating Myth from Fact: A Review of Research on the Field Sobriety Tests, Clemson University

Doty, Wudarski, Marshall, Hastings, Marijuana Odor Perception: Studies Modeled From Probable Cause Cases, 28 (2) Law and Human Behavior (2004)

Hlastla, Polissar, Oberman, Statistical Evaluation of Standardized Field Sobriety Tests, 50(3) J Forensic Sci (2005)

Standardized Field Sobriety Tests (SFSTs) are used as qualitative indicators of impairment by alcohol in individuals suspected of DUI. Stuster and Burns authored a report on this testing and presented the SFSTs as being 91% accurate in predicting Blood Alcohol Concentration (BAC) as lying at or above 0.08%. Their conclusions regarding accuracy are heavily weighted by the large number of subjects with very high BAC levels. This present study re-analyzes the original data with a more complete statistical evaluation. Our evaluation indicates that the accuracy of the SFSTs depends on the BAC level and is much poorer than that indicated by Stuster and Burns. While the SFSTs may be usable for evaluating suspects for BAC, the means of evaluation must be significantly modified to represent the large degree of variability of BAC in relation to SFST test scores. The tests are likely to be mainly useful in identifying subjects with a BAC substantially greater than 0.08%. Given the moderate to high correlation of the tests with BAC, there is potential for improved application of the test after further development, including a more diverse sample of BAC levels, adjustment of the scoring system and a statistically-based method for using the SFST to predict a BAC greater than 0.08%.

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Marieb, Effects of Parasympathetic and Sympathetic Divisions on Various Organs, Human Anatomy and Physiology Sixth Edition.

Moskowitz, Burns, Ferguson, Police Officers’ Detection of Breath Odors from Alcohol Ingestion, 31(3) Accident Analysis and Prevention 175 (1999)

Police officers frequently use the presence or absence of an alcohol breath odor for decisions on proceeding further into sobriety testing. Epidemiological studies report many false negative errors. The current study employed 20 experienced officers as observers to detect an alcohol odor from 14 subjects who were at blood alcohol concentrations (BACs) ranging from zero to 0.130 g/dl. Over a 4 h period, each officer had 24 opportunities to place his nose at the terminal end of a 6 in. tube through which subjects blew. Subjects were hidden behind screens with a slit for the tube to prevent any but odor cues. Under these optimum conditions, odor was detected only two-thirds of the time for BACs below 0.08 and 85% of the time for BACs at or above 0.08%. After food consumption, correct detections declined further. Officers were unable to recognize whether the alcohol beverage was beer, wine, bourbon or vodka. Odor strength estimates were unrelated to BAC levels. Estimates of BAC level failed to rise above random guesses. These results demonstrate that even under optimum laboratory conditions, breath odor detection is unreliable, which may account for the low detection rate found in roadside realistic conditions.

Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health

20 experienced officers failed to predict alcohol intoxication of 14 subjects with BACs from .00-.13. Also unable to differentiate between types of alcohol consumed.

Nicholson, et al., Variability in Behavioral Impairment Involved in the Rising and Falling BAC Curve, Journal of Studies on Alcohol 349 (July 1992)

The purpose of this pilot study was to measure variability in behavior impairment at specific levels of the rising and falling blood alcohol concentration (BAC) curve. Behavior impairment was measured for anticipation and reaction time in addition to a variety of visual skills. Also of interest was the variability in impairment involved at specific BAC levels under single-dose and double-dose conditions. The experimental design was a variation on a 2 x 2 factorial with repeated measures on the dose of alcohol. All subjects took part in two experimental sessions, single-dose and double-dose. Sixteen (8 male and 8 female) paid subjects ages 21-40 participated in the study. Testing procedures included repeated measures on reaction time, anticipation time, perceptual vision acuity and depth perception. Breath-alcohol measures were sampled continuously at 5-minute intervals and used to plot absorption time, peak BAC and elimination time. Results showed that the average peak BAC for the double-dose was significantly higher than that of the single-dose condition. However, there were no significant differences between the single-dose and double-dose condition in either absorption time or elimination time. The performance pattern for reaction time, anticipation time and depth perception showed more impairment in the rising BAC limb than in the falling BAC limb. It is noteworthy that specific individuals exhibited different levels of impairment at a given BAC level, depending on whether the session was single- or double-dose, suggesting that one's current BAC level is less a measure of impairment than is the total quantity of alcohol consumed. A follow-up procedure to examine practice effects was conducted on eight volunteer students. Identical testing procedures, using no alcohol, produced no significant practice effects after a 3-hour period.

Abstract courtesy of www.pubmed.org – A service of the National Library of Medicine and the National Institutes of Health

Impairment is greater during rising phase than falling phase

Papafotiou, Carter, Stough, An evaluation of the sensitivity of the Standardized Field Sobriety Tests (SFSTs) to detect impairment due to marijuana intoxication, 180 Psychopharmacology 107 (205)

Redelmeier, Tibshirani, Association Between Cellular-Telephone Calls and Motor Vehicle Collisions, 336 (7) New England Journal of Medicine, 453-458 (1997)

BACKGROUND: Because of a belief that the use of cellular telephones while driving may cause collisions, several countries have restricted their use in motor vehicles, and others are considering such regulations. We used an epidemiologic method, the case-crossover design, to study whether using a cellular telephone while driving increases the risk of a motor vehicle collision. METHODS: We studied 699 drivers who had cellular telephones and who were involved in motor vehicle collisions resulting in substantial property damage but no personal injury. Each person's cellular-telephone calls on the day of the collision and during the previous week were analyzed through the use of detailed billing records. RESULTS: A total of 26,798 cellular-telephone calls were made during the 14-month study period. The risk of a collision when using a cellular telephone was four times higher than the risk when a cellular telephone was not being used (relative risk, 4.3; 95 percent confidence interval, 3.0 to 6.5). The relative risk was similar for drivers who differed in personal characteristics such as age and driving experience; calls close to the time of the collision were particularly hazardous (relative risk, 4.8 for calls placed within 5 minutes of the accident, as compared with 1.3 for calls placed more than 15 minutes before the accident; P<0.001); and units that allowed the hands to be free (relative risk, 5.9) offered no safety advantage over hand-held units (relative risk, 3.9; P not significant). Thirty-nine percent of the drivers called emergency services after the collision, suggesting that having a cellular telephone may have had advantages in the aftermath of an event. CONCLUSIONS: The use of cellular telephones in motor vehicles is associated with a quadrupling of the risk of a collision during the brief time interval involving a call. Decisions about regulation of such telephones, however, need to take into account the benefits of the technology and the role of individual responsibility.

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Sanders, News of Science, Medicine, and Technology: Straight Talk 21(10) Discover (2000)

Harry Hollien, Phonetician at University of Florida, used chemical dependency clinicians and normal people to judge records of various levels of drunk/sober. Consistent overestimates of drunkenness resulted. Under estimated those that were most drunk. Slurred speech should not be used for probable cause.

Sullivan, Hauptman & Bronstein, Lack of Observable Intoxication in Humans with High Plasma Alcohol Concentrations, 32 Journal of Forensic Sciences 1660 (1987)

Judging the degree of human alcohol intoxication is an important clinical, social, and medicolegal matter. Assessing the degree of intoxication is not always easy by direct patient observation. Observational instruments have been used in forensic science, medical, and social situations in an endeavor to measure alcohol intoxication. The validity of these observational instruments must be questioned. In this study, twenty-one patients with alcohol related complaints presenting to major city emergency departments were studied using one such observational instrument, the Alcohol Symptom Checklist (ASC). Three independent emergency medicine physicians applied the criteria of ASC to the twenty-one patients and obtained a plasma alcohol concentration (PAC) for correlation purposes. Individual correlation coefficients (r = 0.182, r = 0.202, r = 0.200) and a composite correlation coefficient (r = 0.235) demonstrated lack of correlation between PAC and ASC. This lack of correlation is supported by clinical observations of experienced emergency department personnel.

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Alcohol Research Center @ Colorado U from the U’s Public Info Office BAC provides little indication of Intox.

Simulator Articles
Andersson and Jones, Room Temperature Influences on the Performance of Some Breath Alcohol Simulators

Guth calibration checks are not adequate as the simulators used vary with room temperature.

Guth 210021 and 34C simulators were less able to maintain temperature required than Alcotest CU34 simulator.

Room temp used 17, 22 and 27°C. Goal was to maintain 34°

Since Dubowski’s 1979 study saying simulators are fine temperature regulation has improved. This study shows that problems still exist with unregulated temperature of the metal simulator head and condensation of water in connecting tubing in the upper part of the jar.

Dubowski, Breath-alcohol Simulators: Scientific Basis and Actual Performance, 3 Journal of Analytical Toxicology 177 (1979)

Richard Johnson was pulled over on West 14th Street at midnight because he had a cellphone glued to his ear. The arresting officer quickly accused him of slurred speech and asked him to take a Breathalyzer test. Showing dubious judgment, Johnson refused and was taken to the 7th Precinct in handcuffs, where he was asked to walk a straight line, stand like a statue with one foot off the floor and touch fingertips to nose with eyes closed. The reviews were mixed. But it's all on videotape for future screenings. The NYPD, which should be commended for its crackdown on DWI, treated Johnson with utmost professionalism. He was taken to the Tombs at 100 Centre St., where he shared a crowded holding pen with a gorgeous mosaic of individuals, all of whom were uncomfortable, tired and disgusted with the catering - Frosted Flakes and stale peanut-butter sandwiches. Nearly 12 hours after his arrest, Johnson was arraigned, given a court date and freed with no bail, after his lawyer argued he was not a flight risk.


I think it was just cruel to make Paula Freolich and Chris Wilson spend the night in jail with him.

Richard Johnson was pulled over on West 14th Street at midnight because he had a cellphone glued to his ear. The arresting officer quickly accused him of slurred speech and asked him to take a Breathalyzer test. Showing dubious judgment, Johnson refused and was taken to the 7th Precinct in handcuffs, where he was asked to walk a straight line, stand like a statue with one foot off the floor and touch fingertips to nose with eyes closed. The reviews were mixed. But it's all on videotape for future screenings. The NYPD, which should be commended for its crackdown on DWI, treated Johnson with utmost professionalism. He was taken to the Tombs at 100 Centre St., where he shared a crowded holding pen with a gorgeous mosaic of individuals, all of whom were uncomfortable, tired and disgusted with the catering - Frosted Flakes and stale peanut-butter sandwiches. Nearly 12 hours after his arrest, Johnson was arraigned, given a court date and freed with no bail, after his lawyer argued he was not a flight risk.


I think it was just cruel to make Paula Freolich and Chris Wilson spend the night in jail with him.

Man shows up drunk to DUI hearing, has to sober up in cell



BELLEFONTE -- James Kassab arrived bright and early -- 9:45 a.m. -- at the Centre County Courthouse Annex on Thursday, where he was scheduled to plead guilty to drunken driving.

The problem was that he was drunk when he got there.

A portable breathalyzer test found his blood alcohol level to be about .15 percent, or almost double the legal limit to drive in Pennsylvania.

Centre County Judge Bradley P. Lunsford was not amused and ordered Kassab, 24, of 622 Galen Drive, State College, handcuffed, led from the courtroom and put in a holding cell for the rest of the day to sober up. Kassab did not even receive a lunch.

"We're going to try it again here at 3:45 p.m.," Lunsford said, donning his judicial robes. "If he is sober, we'll take his plea. And, if not, well, we'll see him tomorrow."

Later, with Lunsford seated on his bench, two sheriff's deputies led the bleary-eyed and still-handcuffed Kassab to a seat nearby.

"How do you feel?" Lunsford asked without looking up.

"Pretty embarrassed," Kassab answered.

"I bet," the judge said, still not looking up.

This time, a breath test reported no alcohol in Kassab's system, and as Kassab was now clearly coherent, Lunsford accepted his plea to drunken driving.

As Kassab repeatedly apologized, Lunsford told him that until his sentencing, he is not allowed to drink any alcohol, to be inside any establishment that serves or sells alcoholic beverages, or to even be near someone who is drinking alcohol.

People in Ireland spend a higher proportion of their income on alcohol than any other country in the EU, a major new report has found.

According to the report, the average Irish household spends €1,675 per year on alcohol. This is three times the amount spent by the next country on the list - Denmark at €531. (This referred to the original 15 EU members prior to enlargement.)

The report also found Irish people to be the biggest binge drinkers in the EU, particularly young people. In fact, almost one in three (32%) 15 and 16-year-olds binge drink three or more times a month.

Commenting on the findings, the National Youth Council of Ireland (NYCI) said they were 'no big surprise'.



"For many years, we have been ringing the alarm bells on this issue and have campaigned for action to be taken to protect young Irish people from alcohol. However inaction from a Government that continues to put business interests before public health interests has only see the problem grow", said NYCI director, Mary Cunningham.

Irish people meanwhile rarely consume alcohol with food, something often linked to Mediterranean countries. In fact, 80% of alcohol consumed in Ireland is without food.

The report found that overall, the EU is the heaviest drinking region in the world. The most popular type of alcohol is beer, followed by wine and then spirits.

It notes that in every culture ever studied, men are more likely than women to drink at all. They also drink more. However while many women give up alcohol when pregnant, 'a significant number (25 - 50%) continue to drink and some continue to drink to harmful levels'.

The total social cost of alcohol in Europe in 2003 was estimated to be €125 billion, or €650 per household. These costs arise in many different areas including the workplace (€59 billion) and healthcare and treatment (€22 billion).



The health impact of alcohol is vast. According to the report:

-It is responsible for 7.4% of all ill health and early death in the EU.

-It is responsible for 115,000 deaths in people under the age of 70 and is the leading cause of death in young men in the EU.

-Between five and nine million children live in homes adversely affected by alcohol.

-Alcohol is a factor in 2,000 murders in the EU every year.

The report made a number of recommendations, including the establishment of a European Alcohol Monitoring Centre and alcohol surveillance programmes across Europe. It also recommends:

-A maximum blood alcohol concentration limit of 50 milligrams of alcohol per 100 millilitres of blood. A lower limit of 20 milligrams should apply to young drivers and drivers of public service and heavy goods vehicles. (Currently in Ireland, the limit is 80 milligrams. The Transport Minister recently proposed applying a zero alcohol limit to new drivers.)

-Unrestricted powers to use breathalysers on drivers.

-Alcohol products should carry warning labels.

-A range of increasingly severe penalties against sellers and distributors, such as withdrawal of licence or temporary and permanent closures, should be implemented.

The report was carried out on behalf of the European Commission by the UK-based Institute of Alcohol Studies.

For more on Ireland's costly love affair with alcohol, see our feature at...

http://www.irishhealth.com/index.html?level=4&id=9594

June 1, 2006 (Poor ruling likely to be reviewed by the U.S. Supreme Court)

Police may enter Californians' homes without warrants to arrest those suspected of driving under the influence, the California Supreme Court ruled Thursday in a case testing the scope of the Fourth Amendment right to be free from unreasonable searches and seizures.

The 6-1 decision follows similar rulings in about a dozen other states. A dissenting justice said the majority handed authorities a "free pass" to unlawfully enter private homes and arrest people without warrants.

Under the Fourth Amendment, authorities are prohibited from entering a home and making an arrest without a warrant unless so-called "exigent" circumstances are present. Those include "hot pursuit" of a fleeing felon, imminent destruction of evidence and the risk of danger to the police or other persons inside or outside of a house, among others...

A state court of appeal tossed the conviction, saying Thompson's constitutional rights were violated. The Supreme Court reversed, saying the lower court misapplied search-and-seizure precedent.

Santa Barbara County prosecutor Gerald McC. Franklin said the decision means there is no "absolute bar into entering a house without a warrant for the purpose of arresting somebody for driving under the influence of alcohol."