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Topic: Blood alcohol test assumptions

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Blood alcohol content

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	Blood alcohol content - Wikipedia, the free encyclopedia
		Blood alcohol content (BAC) or blood alcohol concentration is the concentration of alcohol in blood.
		Alcohol is removed from the bloodstream by a combination of metabolism, excretion, and evaporation.
		Rate of detoxification of alcohol can also be slowed by certain drugs which interfere with the action of alcohol dehydrogenases, notably aspirin, furfural (which may be found in fusel oil), fumes of certain solvents, many heavy metals, and some pyrazole compounds.
	en.wikipedia.org /wiki/Blood_alcohol_content (1624 words)

	Drunk driving (United States) - Wikipedia, the free encyclopedia
		A second criminal offense of driving "under the influence" or "while impaired" is also usually charged in most states, with a presumption of guilt where the person's blood alcohol concentration (BAC) is.08 or greater (units of milligrams per deciliter, representing 8 g of alcohol in 100 deciliters of blood).
		Breath test results are usually available immediately and are sometimes given before the actual arrest takes place; urine and blood samples are sent to a lab to determine the BAC.
		In some jurisdictions, refusing to take a breathalyzer test is an offense in itself, and may carry a rebuttable "consciousness of guilt" under the law.
	en.wikipedia.org /wiki/Drunk_driving_(United_States) (2105 words)

	Forensic-Evidence.com: Biological Evidence/ Breath Tests for Blood Alcohol Determination: Partition Ratio
		This breath alcohol concentration is then multiplied by a factor called the partition ratio to convert the concentration measured in the breath to the corresponding alcohol concentration in the blood.
		As applied to determination of BACs, this means that the concentration in the expired alveolar air is directly proportional to the concentration in the blood (i.e., the greater concentration of alcohol in the blood, the greater its concentration in the expired alveolar air).
		Alcohol is a volatile liquid and assumed to freely diffuse (i.e., readily pass) across the membranes of the alveoli.
	www.forensic-evidence.com /site/Biol_Evid/Breath_Tests.html (4362 words)

	Blood Alcohol Levels -- Recommendations and Resources (Site not responding. Last check: 2007-10-23)
		Blood alcohol content (or blood alcohol concentration), often abbreviated BAC, is the concentration of alcohol in blood, measured, by volume, as a percentage.
		In many countries, the BAC is measured and reported as milli''grams'' of alcohol per 100 milli''liters'' of blood (mg/100ml).
		Alcohol purchase and posession laws would seem to preclude "underage drinking" and therefore "underage drunken driving." However, states pass laws limiting BAC for underage drunken drivers above 0.0% (often at 0.08%).
	www.becomingapediatrician.com /health/17/blood-alcohol-levels.html (717 words)

	DUI/DWI Drunk Driving
		These three "standardized" tests are the "Walk and Turn" test, the "One-leg Stand" and "Horizontal Gaze Nystagmus" in which a law enforcement officer observes the discrete movements of a person's eyes when tracking a stimulus across their field of vision.
		Chemical tests are better at determining the driver's BAC than they are at estimating the level of impairment, but their accuracy is disputed by some (see blood alcohol test assumptions).
		In any case, tests can only determine the BAC at the time the test is taken, which sometimes can be higher than when the vehicle was actually operated, in the case of a driver who drank a large volume immediately before driving.
	www.findlegalprotection.com /id20.htm (1765 words)

	BAC Testing, Blood and Breath Tests
		Blood tests are administered by drawing blood with a needle from your arm.
		Further, the refusal of the test(s) will result in a 12 month suspension of your driver license plus the police now have a blood test result and the fact you "refused" which are both most likely admissible against you in court.
		In the typical DUI case dealing with achemical test where the prosecution will attempt to use the test results, there are more ways to challenge and attack the accuracy of a breath test than a blood test.
	www.arizona-dui-defense.com /BAC-Testing.htm (1313 words)

	Tucson DUI defense attorneys - legal and defense process - Phillips and Associates
		The partition ratio assumes that the ratio between alcohol in the blood and alcohol in the breath is 2100:1.
		Blood test kits manufactured by NIK Public Safety, Inc., have expiration dates regarding the period that the vacuum in the vacutainer tube is warranted.
		Breath testing is based on the relationship between alcohol in the blood and alcohol percolating from the blood into the vapor in the lungs.
	www.phillipslaw.com /html/dui_process.html (9418 words)

	Blood Alcohol Tests
		One of the greatest sources of error in blood-alcohol testing is the consistently recurring fallacy that the individual tested is perfectly average in certain critical physiological traits.
		Unfortunately for the person being tested, these assumptions are usually incorrect: The person tested is rarely "average" in even one of these critical characteristics, let alone in all of them.
		For example, all breath testing devices depend on the assumption that the ratio between alcohol in the exhaled breath and alcohol in the blood is 1 to 2100.
	www.california-drunkdriving.org /blood_alcohol_test (461 words)

	Journal of Studies on Alcohol
		The model projects the likelihood of alcohol involvement based on characteristics of fatal traffic crashes and drivers most likely to involve alcohol (e.g., whether the crash involved a single vehicle or occurred on a weekend or at night, the driver's age, gender, lack of restraint use, and history of traffic violations).
		First, without consistent recording of blood alcohol concentrations and college-student status of people who die from motor vehicle and other unintentional injuries, the number of alcohol-related unintentional injury deaths involving college students can only be estimated based on examination of multiple data sources and acceptance of some underlying assumptions.
		Testing needs to be increased in all types of injury and unnatural deaths so that similar types of analyses can be undertaken to explore policies and programs to reduce these and other types of alcohol-related deaths.
	www.collegedrinkingprevention.gov /SupportingResearch/Journal/hingson2.aspx (5661 words)

	[No title]
		The trial court refused defense Instruction Z, which stated that a person with a blood alcohol concentration of.05 or less is presumed not under the influence of alcohol.
		The toxicologist's opinion about the defendant's blood alcohol content was not based on the results of a properly administered blood or breath test.
		If you believe the evidence that has been introduced by the Defendant that at the time he was operating his automobile he had a blood alcohol concentration of 0.05 or less, there is a rebuttable presumption that the Defendant was not under the influence of alcohol at the time of the alleged offense.
	www.courts.state.va.us /txtops/1436993.txt (1136 words)

	Virginia DUI Defenses \| Albo & Oblon LLP
		At this temperature, it assumes that the ratio between the concentration of alcohol in the blood and in the lungs at equilibrium is 2100:1.
		One of the best defenses is the argument that one’s blood alcohol concentration increased during the time it took for the officer to seize an accused and test him or her.
		If the person’s blood alcohol concentration was below 0.08 at the time he or she was driving, but rose over this level by the time he or she was tested, there may not be a violation of law.
	virginiadui.poweradvocates.com /dui_defenses.html (7778 words)

	The Athens NEWS: Twice weekly alternative
		In a motion asking to suppress Coe's statements and blood test results, Jamison alleges that Ohio State Highway Patrol troopers "repeatedly coerced and pressured" Coe to take a blood test, after she refused to submit to one voluntarily.
		She notes that the law requires testing for drugs and alcohol to be done within two hours of an alleged criminal violation.
		In the case of Coe's blood alcohol test, an expert witness for the prosecution has "extrapolated" that, based on her illegally high blood alcohol four hours after the crash, her level of intoxication would have been even higher at the time of the crash.
	www.athensnews.com /issue/article.php3?story_id=21377 (1013 words)

	FACTSllc2 (Site not responding. Last check: 2007-10-23)
		For example, breath testing in general is based upon the principle that there is a direct relationship between the amount of alcohol in a person's deep lung air, and the amount of alcohol in the person's blood in the aveolar tissue of the lungs.
		Breath testing equipment is calibrated based upon the assumption that the ratio of alcohol in the air to the alcohol in an individual's blood is 1 to 2100.
		A major flaw in the the instrument is its inability to differentiate between alcohol in a subject's mouth and alcohol from the lungs (the deep lung air).
	home.earthlink.net /~factsllc/index.html (1132 words)

	drunk driving attorney - drunk driving attorney
		British and Australian experience indicates that frequent random breath testing combined with loss of licence on a first offence, and prison for a 2nd offence is more effective as a deterent than harsh sentencing for DUI manslaughter.
		These three "standardized" tests (SFSTs) are the "Walk and Turn" test, the "One-leg Stand" and "Horizontal Gaze Nystagmus" in which a law enforcement officer observes the discrete movements of a person's eyes when tracking a stimulus across their field of vision.
		Chemical drunk driving attorney tests are better at determining the driver's BAC than they are at estimating the level of impairment, but their accuracy is disputed by some (see blood alcohol test assumptions).
	www.medicalgeo.com /Med-Topics-in-the-News-Do---F/drunk-driving-attorney.html (1483 words)

	Massachusetts DUI DWI Law Legal Information
		Such DUI laws tend to define a particular level of alcohol in the blood as the threshold of drunkenness.
		The most common blood alcohol content (BAC) limit in the United States is 0.08% for the legal definition of intoxication.
		Regardless of whether the offender fails or refuses to take the test, it is important to note that the additional one (1) year suspension penalty is not affected by the outcome of the offender's court case or criminal charges, even if the offender is found not guilty.
	www.massachusettsbrazil.com /massachusetts-dui.html (1575 words)

	Michigan Drunk Driving: The Datamaster Breath Test (Site not responding. Last check: 2007-10-23)
		The breathalyzer machine is designed to test an average white male and it includes a mathematical assumption that the ratio of alcohol in the blood to the alcohol in a person's deep lung air or breath is 2100 to 1.
		These assumptions are generally understood to be based upon averages only, and it has been scientifically proven time and again that a breath sample based upon these averages may vary so much that a legally intoxicated driver measures sober, while a sober driver measures legally intoxicated.
		Despite the problems with breath samples overall, the Datamaster breath test is admissible in court as evidence of the defendant's blood alcohol level.
	www.owidefenselaw.com /datamaster_breathalyzer.htm (425 words)

	DUI
		These additional sanctions are an attempt to deter and punish the operation of a vehicle at extremely high BAC levels and the concomittant danger posed to the safety of persons and property by heavily impaired drivers.
		The determination of DUI is made by measuring a driver's blood alcohol percentage.
		The blood alcohol percentage that constitutes DUI or DWI varies from state to state.
	www.realarticles.com /DUI.html (1514 words)

	Dallas DWI Attorney \| Plano DUI Lawyer \| North Texas Breath and Blood Test Validity \| Irving, Addison, Fort Worth
		Breath testing devices used by the police can be inaccurate because of the assumptions that all people metabolize alcohol at the same rate, ate the same amount of food, have the same metabolisms; and drank the same amount of alcohol.
		The law requires that you be under continuous observation for 15 minutes prior to your breath test to prevent "MOUTH ALCOHOL." If the operator of the breath machine did not have you under continuous observation for 15 minutes prior to testing, your test may be invalid.
		This is important because the machine is calibrated to multiply the breath result by 2100 to calculate your blood alcohol level.
	www.dallasdwiattorneys.com /PracticeAreas/Breath-Test.asp (541 words)

	Blood-Alcohol Test Result Assumptions
		When the officer administers the increasingly common "horizontal gaze nystagmus'' test as part of the battery of field sobriety tests, he operates on the assumption that the suspect is "Mr.
		Again, because the average person would theoretically have.10 or.05 percent alcohol in his blood at this point.
		An encyclopedia definition of breath tests that are given to detect alcohol content in the body.ion (example: "Turning with a wide radius" indicates a 65% chance that the driver is intoxicated).
	www.drunkdriving-california.org /blood_alcohol_test.html (805 words)

	Blood-Alcohol Test Result Assumptions
		An alternative method of administering the nystagmus test is to "flunk" the person if jerking begins before 40 or 45 degrees.
		In either test, of course, we do not know what the individual's actual "baseline" is—that is, the angle at which his eyes would begin jerking if he were sober.
		A layman's explanation of the theory and operation of breath alcohol devices used by law enforcement.
	www.california-drunkdriving.net /blood_alcohol_test.html (769 words)

	State of Vermont v. Kelly Hurlbut
		After performing several field dexterity tests, defendant was arrested for DUI and transported to the state police barracks, where a blood alcohol test was administered, yielding a BAC of.129%.
		In his affidavit of probable cause and at trial the arresting officer stated that, prior to the test, defendant claimed to have burped during the initial fifteen-minute observation period.
		Defendant testified at trial that she had burped again during the second fifteen-minute observation period, but failed to so inform the officer because he had threatened that a second burp would be construed as a refusal and result in a jail sentence.
	www.vermontjudiciary.org /upeo/eo03439.htm (1095 words)

	For the First Time Ever AIDS Deaths Declined in the US (Site not responding. Last check: 2007-10-23)
		There is a 3-6 month time lag between when a person becomes infected with HIV and when antibodies in their system can be detected by a blood test.
		A small sample of your blood is drawn and sent to a laboratory where the test is performed.
		If you test positive for HIV, the best thing you can do is to build a support system of people and caregivers who understand HIV and can give you good information and support.
	www.fwhc.org /hiv.htm (3986 words)

	R U Pissed? - Online Breathalyzer Test and Blood Alcohol Content/Level Calculator - Hangover Cures (Site not responding. Last check: 2007-10-23)
		If your drink isn't listed, you can manually enter the alcohol level and size of glass (metric converter) instead of choosing a drink from the list.
		BAC varies based on sex, age, body size, body type, and a whole range of other things that make this calculation indicative only and not to be used as evidence in a court of law.
		Blood alcohol calculations are to be used as a guide only.
	www.rupissed.com (658 words)

	Yaerd - Driving Under The Influence
		Boaters under the influence of alcohol can cause as much damage on the water as intoxicated drivers can on the road.
		Such laws tend to define a particular level of alcohol in the blood as the threshold of drunkenness.
		Breath test results are usually available immediately; urine and blood samples are sent to a lab to determine the BAC.
	www.yaerd.org /driving-under-the-influence.htm (962 words)

	America's Top DUI Attorneys - Illegal Blood Alcohol Testing
		In interpreting its implied consent statute with wording almost identical to ours ("...the tests shall not be given....") the Supreme Court of West Virginia held that it was plain error for a police officer to inform the defendant that a search warrant could be used to obtain his blood. State v.
		Abram, 352 U.S. 432 (1957), the Supreme Court held that a blood sample taken from an unconscious driver was constitutionally obtained even though the person's body had been invaded without consent. Absent the coercion or brutality found in Rochin, the 5-4 majority held that such a test did not shock the conscience.
		State, 254 Ga. 433 (1985). The same is true of breath testing. Green v.State, 260 Ga. 625 (1990). However, the right to refuse to submit to state administered testing is not a constitutional right, but one created by the legislature. E.g..
	www.1-800-dial-dui.com /CM/BloodTests/BloodTestsGeorgia.asp (1668 words)

	Insure.com Car Insurance - Official site. Compare auto insurance quotes, 200 companies, instant term life insurance ... (Site not responding. Last check: 2007-10-23)
		Alcohol is a major factor in traffic accidents.
		Alcohol-related crashes are defined as those where someone involved, either a driver or a pedestrian or another non-occupant, had a traceable amount of alcohol in his or her blood.
		According to the U.S. Department of Transportation, 17,401 people died in alcohol-related crashes in 2003 and alcohol was involved in 40 percent of all crash fatalities.
	info.insure.com /auto/baccalc.html (900 words)

	Alcohol Measurement, Blood Alcohol Content and Breathalyzers
		An introduction to the science of measuring alcohol in blood, breath or urine samples for legal purposes.
		An excellent and graphic explanation of the theory and operation of breath testing devices (Breathalyzer) for the layman.
		One of the many reasons why breath analysis is inaccurate is that it depends upon a number of assumptions in which the subject is presumed to be physiologically "average".
	www.duicentral.com /drunk_driving/breathalyzer.html (148 words)

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