Ethanol is a type of alcoholCH3CH2 CH3CH2 – OH– OH

Other common alcohol examples are:Methanol (Methyl Alcohol, Wood Alcohol)Methanol (Methyl Alcohol, Wood Alcohol) CH3 CH3 – OH– OH

Isopropanol (Isopropyl Alcohol, Rubbing Alcohol)

Ethylene Glycol (antifreeze)Ethylene Glycol (antifreeze)HO –HO – CH CH22CHCH22 - OH- OH

CHCH33

CHCH33

CHCH22 – OH

It is classified as a central nervous system (CNS) depressant.

It is absorbed in the human body by simple diffusion.

Ethanol always moves from the highest concentration to the lowest concentration.

EtOH

EtOH

EtOH

EtOH

EtOH

EtOH

Imbalance

EtOH

EtOH

EtOH

EtOH

EtOH

EtOH

Equilibrium

Ethanol Is Made During Natural Fermentation.

Natural fermentation of sugars, yeast and some bacteria.

Concentration of alcoholic beverages is given in “PROOF”.

Proof Is % Ethanol, Multiplied by Two

Beer – 3-6% ethanolMalt & ales – up to 15% ethanolWine – from 6% up to 14% ethanolFortified wines – 15-25% ethanolDistilled spirits – over 25% ethanol

Standard drink=12 oz. of 5% beer5 oz. of 12% wine1.5 oz of 40% whiskey (spirits)

~all contain the same amount of alcohol.

Do you smell alcohol on the subjects breath?

Ethanol has a distinct odor, though for our purposes, we consider it odorless and colorless.

The odor is very slight.What we smell on a person’s breath is

acetaldehyde, congeners and breakdown products.

What the heck is a Congener?

Con·ge·ner [kónjənər, kən jnər] (plural con·ge·ners) noun.

Something of same type: somebody or something that belongs to the same class, group, or type, for example, an animal or plant of the same genus as another animal or plant, or two elements belonging to the same group.

Instruments and procedures are designed to measure alcohol in deep lung air, close to the blood.

Deep lung air is the last air to exit when exhaling.

The air found deep within a person’s lungs is the most accurate measurement of their blood alcohol concentration.

We must strive to get deep lung air in all breath testing situations.

Past the lips and over the gums, look out stomach, here it comes.

Down the ESOPHAGUS to the STOMACH. From the stomach, through the PYLORIC

VALVE and into the DUODENUM.From the intestines into the blood stream by

simple diffusion.Once in the blood stream, the ethanol diffuses

into the exhaled breath much like carbon dioxide.

Route of ethanol:The stomach is thick walled and has a poor

blood supply. Only approximately 5-10% of the EtOH in the stomach is absorbed into the bloodstream.

Route of ethanol:About 80-90% of the alcohol is absorbed in

the Small Intestine

What Affects the Rate of EtOH Absorption?

Food in stomach (pyloric valve closes, keeping EtOH in stomach).Hence slow absorption.

Diluting and/or binding EtOH.Exercise (closes pyloric valve).Smoking (delays gastric emptying).Carbonation (opens pyloric valve, emptying stomach

contents into duodenum).Epinephrine and aspirin (open pyloric valve).Concentration of EtOH affects absorption rate.

Then what happens?

EtOH immediately begins to be eliminated as soon as it enters the bloodstream.From 2-10% in saliva, sweat, tears, urine and

breath.Over 90% broken down by the liver.

Each person is different, but the average elimination rate ranges from .005% to .030% BAC per hour.

Idaho studies have shown the average to be ~.015% BAC per hour.

The Measurements:

EtOH concentrations are reported in grams of EtOH per:

210 liters of breath100 cc (milliliters) of blood 67 milliliters of urine

We strive to get a deep lung air sample, which is in equilibrium with the blood alcohol concentration.

Sample selection is key to reproducible results.

Many different techniques for estimating when the person is giving deep lung air.

Examples of techniques?

The difference between a presumptive screening test and an evidentiary test is the procedure, the standards and the techniques.

Follow the procedure!!

If the procedure is followed, then the evidentiary value of the test is preserved and the results are automatically admissible in court.

Most important step?15 minute monitoring period!!!

Save time and trouble and do not cut the time close.Use the same timepiece to monitor the start and end

times (different clocks may not be synchronized). DOCUMENT!!

You have to monitor them close enough so that you are CERTAIN in your OWN MIND that they have not belched, burped, vomited, or otherwise contaminated their breath pathway with and external source of alcohol.

Example: If a subject states that they have asthma and ask to use their inhaler during the 15 minute monitoring period . . . What do you do?

Let them use the inhaler and restart the 15 minute observation period is the best practice because you do you know what is in the inhaler and there may be something that may react with the fuel cell to give a false positive reading.

Upon completion of the observation period, take a blank sample to insure the environment is not contaminated with alcohol.

Take the first sample from the subject. Use a technique to estimate when the subject is providing deep lung breath to the instrument.

Take another blank in between to show that the instrument is not retaining alcohol. It may be necessary to remove the mouthpiece for this blank.

Take a second sample of deep lung breath.

What if the samples are far apart?If the sample differ by more than 0.020 for

each other, then a third sample is needed to complete the breath testing procedure.

Take a blank again.Get a third sample of the subjects deep lung

breath.If all three are more than 0.020 apart, consult

the SOP for guidance.The officer may re-administer the entire breath

testing procedure, or have blood drawn.

The last step in all breath testing procedures is to log your results in the log, and retain any printouts.

Why?

The easiest way for defense to attack the breath results is to find errors in the documentation of the results, times, standards, etc.Make sure you write legibly because someone else

(BTS) may have to testify to your results from the logs.

What is the purposed of the two samples being within 0.020 of each other?

The results for duplicate breath samples should correlate within 0.020 to indicate the absence of alcohol contamination in the subject’s breath pathway, show consistent sample delivery, and indicates the absence of RFI as a contributing factor to the breath results.

The testing sequence is:1. 15 minute monitoring period2. Check temperature.3. BLANK4. SAMPLE 1 – new mouthpiece, get a deep

lung air sample.5. WAIT – approximately 2 minutes6. BLANK7. SAMPLE 2 – new or same mouthpiece

~if the samples are further than 0.020 apart then:

8. WAIT – approximately 2 minutes9. BLANK10. SAMPLE 3 – if necessary

Standards:

A performance verification MUST be performed within 24 hours before or after an evidentiary test.This can be done with either the 0.080 or the 0.200

solutions.Log the results on the appropriate log sheets.Acceptable results are +/- 10% of target value.

This is to show that the instrument is operating within the acceptable limits for breath testing.

Consult the SOP (section 7) in the event that the instrument does not pass its initial performance verification.

0.200 solution requirements:The 0.200 solution should be run and logged

once per calendar month.

The 0.200 performance verification was implemented for the sole purpose of supporting the instruments’ results for a 18-8004C charge. Failure to timely perform a 0.200 performance verification will not invalidate tests performed that yield results at other levels or in charges other than 18-8004C.

Break Time!!!

Idaho Code for Blood, Breath and Urine Testing.

Illegal Per Se Law 18-8004(1)(a)

1.It is unlawful for any person2.Under the influence of alcohol, drugs or any other

intoxicating substances3.Or who has an alcohol concentration of 0.08 or more4.To drive or be in actual physical control5.Of a motor vehicle.

Commercial Motor Vehicle 18-8004(1)(b)

1. It is unlawful for any person2. Under the influence of alcohol, drugs or any other intoxicating

substances3. Or who has an alcohol concentration of 0.04 or higher, but less

than 0.084. To drive or be in actual physical control5. Of a commercial motor vehicle.

-If a commercial offender is over the 0.080, they get a regular DUI.

Elements of Juvenile DUI - 18-8004(1)(d)

1.It is unlawful for any person2.Under the age of twenty-one (21)3.Who has an alcohol concentration of at least 0.02

but less than 0.084.To drive or be in actual physical control5.Of a motor vehicle.

-If a juvenile offender is over the 0.080, they get a regular adult DUI.

Elements of 18-8004(2) and 18-8004(3)

If the person has an alcohol concentration of less than 0.080, he can’t be prosecuted for DUI except when there is “other competent” evidence of drug use other than alcohol.

We look for impairment that is not consistent with BrAC.

Elements of Vehicular Manslaughter: 18-4006(3)(b)

1.The unlawful killing of a human being2.Without malice3.Where operation of a motor vehicle causes

death4.Due to a violation of 18-8004 or 18-8006.

Elements of Aggravated DUI from 18-8006

1.Any person causing great bodily harm2.Permanent disability3.Permanent disfigurement4.To another person5.And is in violation of 18-8004(1)(a) or 18-

8004 (1)(c)

What Evidentiary Tests Do We Use?

We can test either:1.Blood2.Breath3.Or Urine

Forced Blood Test

A police officer is empowered to order a blood sample when a driver is suspected of:

1.Aggravated DUI2.Vehicular manslaughter3.Aggravated operation of a power boat (67-7035)4.Any criminal homicide involving a vessel on the

waters of the state.

Legal Blood Tests:

Blood must be drawn in a medically acceptable manner by qualified people and in the proper kit.

Try not to use kits that have expired (it is the vacuum that is expiring).

Gently rock the tubes to mix the blood with the Sodium Fluoride preservative and the Potassium Oxalate anti-coagulant.

Do not put the used needles in the kit with the blood samples

Urine Test – LAST RESORT!!!

Do not collect urine for alcohol testing except as a last resort.

If you must collect urine for alcohol testing:

1.Have the person void their bladder completely.

2.Wait 20-30 minutes3.Collect a second sample in a dry, clean

container.4.Keep the sample cool – freeze as soon as

possible.

Implied Consent Law

Elements are:The act of driving a motor vehicle on a public

roadway brings the law into operation.By such an act, the driver consents to a test of his

blood, breath or urine for the purpose of determining alcohol and/or drug concentration.

Implied Consent Law

The officer must have reasonable grounds to believe that the person has violated 18-8004 or 18-8006.

The officer may request a test after warning the driver of the consequences of refusal.

The driver has no right to an attorney before the evidentiary test.

Implied Consent Law

If the driver submits to the test, the results may be used against him in court.

If the driver refuses, then no test is given.The driver’s license will be seized by the

officer and a temporary permit given.

What constitutes a refusal?

A refusal occurs when an evidentiary test is not provided and generally falls into one of the following groups:

When the driver says, “No”.When the driver says, “Yes, but…”, imposing some

condition.If the subject refuses a breath test and we do an

involuntary (forced) blood draw, ALS does not want us to count this as a refusal.

Still document it as a refusal on your log.

When is a refusal to submit to a blood draw not a refusal?

If the only test available to you is a blood test.The driver CLEARLY articulates a fear of

needles.It must be his/her spontaneous statement. Do

not elicit this by asking if they are afraid of needles (State v. Griffiths).

When is a failure to provide a breath test not a Refusal?

If the defendant sufficiently articulates a “physical inability” to complete the breath test.

Viable excuses:AsthmaEmphysemaLung cancer(State v. Helfrich (04/07/98))

If the test subject attempts to provide a breath sample but then claims inability to blow long enough to get a valid test sample.

What do we do?Offer a blood test.Don’t count this as a refusal.

Intoxilyzer and Portable Device Certifications

Once you are certified as an operator of the Intoxilyzer 5000 series, Alco-Sensor III series, and /or Lifeloc FC20 series, how long do your certifications last?

Answer: You are certified until the last day of the 26th month after the class.

First and foremost:

Documentation?

Was the SOP followed?

Were all the performance verifications in range?

Mouth alcohol?

If there is a question as to whether or not the person contaminated their breath pathway during the 15 minutes observation period, you only need to look at the results of the duplicate breath samples for evidence that they did not.

If the results are within 0.020 of each other, then mouth alcohol was not a contributing factor to the breath results.

RFI?

Radio frequency interference will make the results fluctuate wildly

The Intox and FC20 are both shielded against RFI and have software to detect its presence

For the ASIII, you should be looking at the display climb

RFI is not consistent and the two sample will not be reproducible within 0.020 from RFI.

Acetone?

The FC20 and ASIII do not respond to acetone and every instrument is checked versus acetone when they are calibrated in the lab.

The Intox can detect acetone as an interferent and can subtract it out if the instrument is set up to do so.

Even if the Intox subtracts out the acetone, it will still flag the sample as “interferent detected – have blood drawn”.

In a Nutshell:

The SOP is designed to either ELIMINATE external factors that would affect the results of the breath test, or IDENTIFY their presence should it they be suggested or implied that they were a contributing factor to the breath testing results.

Break Time!!!

Next up . . . . Instrument specific training!!!