Download LAW ON DRUNKEN DRIVING WHAT DOES THE LAW SAY

LAW ON DRUNKEN DRIVING
WHAT DOES THE LAW SAY?
SECTION 185 MVA’88
DRIVING BY A DRUNKEN PERSON OR BY A PERSON UNDER THE
INFLUENCE OF DRUGS:
WHOEVER WHILE DRIVING OR ATTEMPTING TO DRIVE, A MOTOR
VEHICLE:
1) HAS, IN HIS BLOOD, ALCOHOL EXCEEDING 30 MG PER 100 ML.
OF BLOOD DETECTED IN A TEST BY A BREATH ANALYSER, OR
2) IS UNDER THE INFLUENCE OF A DRUG TO SUCH AN EXTENT AS
TO BE INCAPABLE OF EXERCISING PROPER CONTROL OVER
THE VEHICLE,
SHALL BE PUNISHABLE FOR
1) THE FIRST OFFENCE WITH IMPRISONMENT FOR A TERM
WHICH MAY EXTEND TO SIX MONTHS, OR WITH FINE WHICH
MAY EXTEND TO TWO THOUSAND RUPEES, OR WITH BOTH;
2) A SECOND OR SUBSEQUENT OFFENCE, IF COMMITTED WITHIN
THREE YEARS OF THE COMMISSION OF THE PREVIOUS
SIMILAR OFFENCE, WITH IMPRISONMENT FOR A TERM WHICH
MAY EXTEND TO TWO YEARS, OR WITH FINE WHICH MAY
EXTEND TO THREE THOUSAND RUPEES, OR WITH BOTH.
EXPLANATION: FOR THE PURPOSES OF THIS SECTION, THE DRUG
OR DRUGS SPECIFIED BY THE CENTRAL GOVERNMENT IN THIS
BEHALF, BY NOTIFICATION IN THE OFFICIAL GAZETTE, SHALL BE
DEEMED TO RENDER A PERSON INCAPABLE OF EXERCISING
PROPER CONTROL OVER A MOTOR VEHICLE.
THE CENTRAL GOVERNMENT HAS VIDE THE NOTIFICATION NO.
SO 441 (E)/12-6-89 OF THE MINISTRY OF SHIPPING AND
TRANSPORT, GOVERNMENT OF INDIA, HAS SPECIFIED THE
FOLLOWING DRUGS WHICH SHALL BE DEEMED TO RENDER A
PERSON INCAPABLE OF EXERCISING PROPER CONTROL OVER A
MOTOR VEHICLE, NAMELY;
1) CENTRAL NERVOUS SYSTEM DEPRESSANT:
a. CANNABIS
b. COCAINE
2) HYPNOTIC SEDATIVES:
a. ALLOBARBITONE
b. PHENOBARBITAL
c. SECEBARBITAL
d. CYCLOBARBITONE
e. BARBITONE
f. METHAQUOLONE
g. CHLORAL HYDRATE
3) NARCOTIC ANALGESICS:
a. MORPHINE
b. PETHIDINE
4) PSYCHOTROPIC DRUGS:
a. LYSERGIC
ACID
DIETHYLAMIDE (L.S.D)
5) STIMULANTS:
a. AMPHETAMIN
b. METHYL PHANIDATE HYDROCHLORIDE
6) TRANQUILIZERS:
a. DIAZEPAM
b. CHLORIDIAREPOXIDE
c. NITRAZEPAM
SECTION 203 MVA’88
BREATH TESTS:
1) A POLICE OFFICER IN UNIFORM OR AN OFFICER OF THE
MOTOR VEHICLES DEPARTMENT, AS MAY BE AUTHORISED IN
THIS BEHALF BY THAT DEPARTMENT, MAY REQUIRE ANY
PERSON DRIVING OR ATTEMPTING TO DRIVE A MOTOR
VEHICLE IN A PUBLIC PLACE TO PROVIDE ONE OR MORE
SPECIMENS OF BREATH FOR BREATH TEST THERE OR
NEARBY, IF SUCH POLICE OFFICER OR OFFICER HAS ANY
REASONABLE CAUSE TO SUSPECT HIM OF HAVING
COMMITTED AN OFFENCE UNDER SECTION 185 MVA’88:
PROVIDED THAT REQUIREMENT FOR BREATH TEST SHALL BE
MADE (UNLESS, IT IS MADE) AS SOON AS REASONABLY
PRACTICABLE AFTER THE COMMISSION OF SUCH OFFENCE.
2) IF A MOTOR VEHICLE IS INVOLVED IN AN ACCIDENT IN A
PUBLIC PLACE AND A POLICE OFFICER IN UNIFORM HAS ANY
REASONABLE CAUSE TO SUSPECT THAT THE PERSON WHO
WAS DRIVING THE MOTOR VEHICLE AT THE TIME OF THE
ACCIDENT HAD ALCOHOL IN HIS BLOOD OR THAT HE WAS
DRIVING UNDER THE INFLUENCE OF A DRUG REFERRED TO IN
SECTION 185 MVA’88 HE MAY REQUIRE THE PERSON SO
DRIVING THE MOTOR VEHICLE, TO PROVIDE A SPECIMEN OF
HIS BREATH FOR A BREATH TEST a. IN THE CASE OF A PERSON WHO IS AT A HOSPITAL AS AN
INDOOR PATIENT, AT THE HOSPITAL,
b. IN THE CASE OF ANY OTHER PERSON, EITHER AT OR NEAR
THE PLACE WHERE THE REQUIREMENT IS MADE, OR, IF THE
PERSON THINKS FIT, AT A POLICE STATION SPECIFIED BY THE
POLICE OFFICER;
PROVIDED THAT A PERSON SHALL NOT BE REQUIRED TO
PROVIDE SUCH A SPECIMEN WHILE AT A HOSPITAL AS AN
INDOOR PATIENT IF THE REGISTERED MEDICAL PRACTITIONER
IN IMMEDIATE CHARGE OF HIS CASE IS NOT FIRST NOTIFIED OF
THE PROPOSAL TO MAKE THE REQUIREMENT OR OBJECTS TO
THE PROVISION OF A SPECIMEN ON THE GROUND THAT ITS
PROVISION OR THE REQUIREMENT TO PROVIDE IT WOULD BE
PREJUDICIAL TO THE PROPER CARE OR TREATMENT OF THE
PATIENT.
NOTE: THE PROVISO TO S.203 (2) MVA’88 MAKES IT MANDATORY
FOR THE POLICE OFFICER TO SEEK PRIOR PERMISSION OF THE
DOCTOR IN CHARGE OF THE INDOOR PATIENT BEFORE MAKING A
DEMAND FOR A SPECIMEN OF BREATH FROM THE LATTER.
3) IF IT APPEARS TO A POLICE OFFICER IN UNIFORM, IN
CONSEQUENCE OF A BREATH TEST CARRIED OUT BY HIM ON
ANY PERSON UNDER SS.203 (1) (2) MVA’88, THAT THE DEVICE
BY MEANS OF WHICH THE TEST HAS BEEN CARRIED OUT
INDICATES THE PRESENCE OF ALCOHOL IN THE PERSON’S
BLOOD, THE POLICE OFFICER MAY ARREST THAT PERSON
WITHOUT WARRANT EXCEPT WHILE THAT PERSON IS AT A
HOSPITAL AS AN INDOOR PATIENT.
4) IF A PERSON, REQUIRED BY A POLICE OFFICER UNDER SS. 203
(1) (2) MVA’88 TO PROVIDE A SPECIMEN OF BREATH FOR A
BREATH TEST, REFUSES OR FAILS TO DO SO AND THE POLICE
OFFICER HAS REASONABLE CAUSE TO SUSPECT HIM OF
HAVING ALCOHOL IN HIS BLOOD THE POLICE OFFICER MAY
ARREST HIM WITHOUT WARRANT EXCEPT WHILE THAT
PERSON IS AT A HOSPITAL AS AN INDOOR PATIENT.
NOTE: IN CASE OF HEAVY INTOXICATION THE SUSPECT MAY
ACTUALLY ‘FAIL TO’ PROVIDE A SPECIMEN OF HIS BREATH, AS
MOST DEVICES REQUIRE A FAIRLY LONG AND CONTINOUS
BLOWING OF BREATH INTO THE MOUTHPIECE.
5) A PERSON ARRESTED UNDER S 203 MVA’88 SHALL WHILE AT A
POLICE STATION, BE GIVEN AN OPPORTUNITY TO PROVIDE A
SPECIMEN OF BREATH FOR A BREATH TEST THERE.
6) THE RESULTS OF A BREATH TEST MADE IN PURSUANCE OF
THE PROVISIONS OF S203 MVA’88 SHALL BE ADMISSIBLE IN
EVIDENCE.
EXPLANATION: FOR THE PURPOSES OF THIS SECTION (S. 203
MVA’88) ‘BREATH TEST’, MEANS A TEST FOR THE PURPOSE OF
OBTAINING AN INDICATION OF THE PRESENCE OF ALCOHOL IN A
PERSON’S BLOOD CARRIED OUT ON ONE OR MORE SPECIMENS OF
BREATH PROVIDED BY THAT PERSON, BY MEANS OF A DEVICE OF
A TYPE APPROVED BY THE CENTRAL GOVERNMENT BY
NOTIFICATION IN THE OFFICIAL GAZETTE, FOR THE PURPOSE OF
SUCH A TEST.
BREATH ANALYSERS TO INDICATE THE PRESENCE OF
ALCOHOL IN BLOOD
THE CENTRAL GOVERNMENT HAS, VIDE ITS NOTIFICATION NO.
S.O. 442 (E)/12-6 –1989 OF THE MINISTRY OF SURFACE
TRANSPORT, GOVERNMENT OF INDIA, APPROVED THE
FOLLOWING TYPES OF DEVICES (HEREINAFTER REFERRED TO AS
THE BREATH ANALYSER), FOR THE PURPOSE OF OBTAINING AN
INDICATION OF THE PRESENCE OF ALCOHOL IN A PERSON’S
BLOOD BY MEANS OF A TEST CARRIED OUT, ON ONE OR MORE
SPECIMENS OF BREATH PROVIDED BY THAT PERSON, FOR THE
PURPOSE OF BREATH TESTS, NAMELY:
1 . DEVICE I
THE BREATH ANALYSER SHALL COMPRISE THE FOLLOWING,
NAMELY:
a. AN INDICATOR TUBE CONTAINING MATERIAL WHICH
WOULD UNDERGO CHANGE OF COLOUR WHEN IN CONTACT
WITH ALCOHOL VAPOURS ON BREATHING OF AN
ALCOHOLIC SUBJECT INTO THE TUBE:
PROVIDED THAT THE SHELF LIFE OF THE INDICATOR TUBE
SHALL NOT BE LESS THAN ONE YEAR, SO THAT THE
PERFORMANCE OF THE BREATH ANALYSER STORED FOR THIS
PERIOD SHALL IN NO WAY BE DIFFERENT FROM THAT OF A
FRESHLY MADE INDICATOR TUBE;
b. A MOUTH-PIECE MADE OF NON -TOXIC PLASTIC MATERIAL;
c. AN INFLATABLE BAG OF VOLUME OF 1 LITRE, WHEN FULLY
INFLATED, MADE OF POLYTHENE AND ATTACHED WITH
THE MOUTHPIECE AT THE OPENING.
2. DEVICE II
THE BREATH ANALYSER SHALL COMPRISE THE FOLLOWING,
NAMELY:
a. AN INDICATOR TEST TYPE CONTAINING MATERIAL
WHICH WOULD UNDERGO CHANGE OF COLOUR WHEN
IN CONTACT WITH ALCOHOL VAPOURS ON DEALING
WITH AN ALCOHOLI C SUBJECT INTO THE TUBE;
b. A MOUTH-PIECE;
c. A BREATH BACK WITH A COLOUR NECK AND CAPACITY;
OR
3. DEVICE III
THE BREATH ANALYSER SHALL COMPRISE THE FOLLOWING,
NAMELY:
a. AN INDICATOR TUBE FUSED AT BOTH ENDS AND CONTAINING
A YELLOW REAGENT WHICH WOULD UNDERGO CHANGE OF
COLOUR WHEN IN CONTACT WITH ALCOHOL VAPOURS ON
BREATHING OF ALCOHOLIC SUBJECT INTO THE TUBE:
PROVIDED THAT THE SHELF LIFE OF THE INDICATOR TUBE
SHALL NOT BE LESS THAN THREE YEARS, SO THAT THE
PERFORMANCE OF THE BREATH ANALYSER STORED FOR THIS
PERIOD SHALL IN NO WAY BE DIFFERENT FROM THAT OF A
FRESHLY MADE INDICATOR TUBE;
b. A MOUTHPIECE;
c. AN INFLATABLE BAG AND ATTACHED WITH A MOUTHPIECE AT
THE OPENING AND FURTHER IDENTIFIED BY A BROAD
WEIGHT BANG, OR
4. DEVICE IV
THE BREATH ANALYSER SHALL COMPRISE THE FOLLOWING,
NAMELY: ANY EVIDENTIAL DIGITAL INSTRUMENT WHEN
OXIDATED WITH THE BREATH CONTAINING ALCOHOL AN
ELECTRIC SIGNAL WHICH IS AMPLIFIED AND DISPLAYED AS
BLOOD ALCOHOL CONCENTRATION.
SECTION 204 MVA’88
LABORATORY TEST:
1) A PERSON, WHO HAS BEEN ARRESTED UNDER SECTION 203
MVA’88 MAY, WHILE AT A POLICE STATION, BE REQUIRED BY
A POLICE OFFICER TO PROVIDE TO SUCH REGISTERED
MEDICAL PRACTITIONER AS MAY BE PRODUCED BY SUCH
POLICE OFFICER, A SPECIMEN OF HIS BLOOD FOR A
LABORATORY TEST IF,
a. IT APPEARS TO THE POLICE OFFICER THAT THE DEVICE, BY
MEANS OF WHICH BREATH TEST WAS TAKEN IN RELATION
TO SUCH PERSON, INDICATES THE PRESENCE OF ALCOHOL
IN THE BLOOD OF SUCH PERSON, OR
b. SUCH PERSON, WHEN GIVEN THE OPPORTUNITY TO
SUBMIT TO A BREATH TEST, HAS REFUSED, OMITTED OR
FAILED TO DO SO:
PROVIDED THAT WHERE THE PERSON REQUIRED TO
PROVIDE SUCH SPECIMEN IS A FEMALE AND THE
REGISTERED MEDICAL PRACTITIONER PRODUCED BY SUCH
POLICE OFFICER IS A MALE MEDICAL PRACTITIONER, THE
SPECIMEN SHALL BE TAKEN ONLY IN THE PRESENCE OF A
FEMALE, WHETHER A MEDICAL PRACTITIONER OR NOT.
2) A PERSON WHILE AT A HOSPITAL AS AN INDOOR PATIENT MAY
BE REQUIRED BY A POLICE OFFICER TO PROVIDE AT THE
HOSPITAL A SPECIMEN OF HIS BLOOD FOR A LABORATORY
TESTa. IF IT APPEARS TO THE POLICE OFFICER THAT THE DEVICE,
BY MEANS OF WHICH TEST IS CARRIED OUT IN RELATION
TO THE BREATH OF SUCH PERSON, INDICATES THE
PRESENCE OF ALCOHOL IN THE BLOOD OF SUCH PERSON,
OR
b. IF THE PERSON HAVING BEEN REQUIRED, WHETHER AT
THE HOSPITAL OR ELSEWHERE, TO PROVIDE A SPECIMEN
OF BREATH FOR A BREATH TEST, HAS REFUSED, OMITTED
OR FAILED TO DO SO AND A POLICE OFFICER HAS
REASONABLE CAUSE TO SUSPECT HIM OF HAVING
ALCOHOL IN HIS BLOOD:
PROVIDED THAT A PERSON SHALL NOT BE REQUIRED TO
PROVIDE A SPECIMEN OF HIS BLOOD FOR A LABORATORY TEST
UNDER THIS SUBSECTION (S.204 (2) MVA’88) IF THE REGISTERED
MEDICAL PRACTITIONER IN IMMEDIATE CHARGE OF HIS CASE IS
NOT FIRST NOTIFIED OF THE PROPOSAL TO MAKE THE
REQUIREMENT OR OBJECTS TO THE PROVISION OF SUCH
SPECIMEN ON THE GROUND THAT ITS PROVISION OR THE
REQUIREMENT TO PROVIDE IT WOULD BE PREJUDICIAL TO THE
PROPER CARE OR TREATMENT OF THE PATIENT.
NOTE: THE PROVISO TO S.204 (2) MVA’88 MAKES IT MANDATORY
FOR THE POLICE OFFICER TO SEEK PRIOR PERMISSION OF THE
DOCTOR IN CHARGE OF THE INDOOR PATIENT BEFORE MAKING A
DEMAND FOR A SPECIMEN OF BLOOD FOR THE LAB TEST, FROM
THE LATTER.
3) THE RESULTS OF A LABORATORY TEST MADE IN PURSUANCE
OF THIS SECTION (S.204 MVA’88) SHALL BE ADMISSIBLE IN
EVIDENCE.
EXPLANATION: FOR THE PURPOSES OF THIS SECTION,
‘LABORATORY TEST’ MEANS THE ANALYSIS OF A SPECIMEN OF
BLOOD MADE AT A LABORATORY ESTABLISHED, MAINTAINED OR
RECOGNISED BY THE CENTRAL GOVERNMENT OR STATE
GOVERNMENT.
NOTE: THE BREATH TEST PROVIDED FOR BY S.203 MVA’88 IS
BASICALLY A PRELIMINARY SCREENING TEST OF THE SUSPECT
TO BE FOLLOWED BY A MORE RELIABLE AND CONFIRMATORY
LABORATORY TEST MENTIONED IN S.204 MVA’88. THE
PRELIMINARY SCREENING IS NECESSARY AS IT IS NOT
PRACTICABLE TO ADMINISTER A FULL-FLEDGED LABORATORY
TEST IN THE FIELD CONDITIONS. THE PRELIMINARY SCREENING
MAKES THE BASIS FOR THE POLICE OFFICER’S SUSPICION MORE
SCIENTIFIC, OBJECTIVE AND CREDIBLE, THUS MINIMIZING THE
POSSIBILITY OF ANY INNOCENT OF BEING UNNECESSARILY
SUBJECTED TO THE INCONVENIENCE OF A LABORATORY TEST.
REFER THE NOTE ON ‘ROADSIDE SOBRIETY TESTS’ UNDER
‘RELATED READINGS’ GIVEN BELOW. ‘ROADSIDE SOBRIETY
TESTS’ PROVIDE A SIMPLER AND MORE COST EFFECTIVE
ALTERNATIVE TO THE ‘BREATH TEST’, FOR THE PRELIMINARY
SCREENING OF SUSPECTS.
SECTION 205 MVA’88
PRESUMPTION OF UNFITNESS TO DRIVE
IN ANY PROCEEDINGS FOR AN OFFENCE PUNISHABLE UNDER
SECTION 185 MVA’88 IF IT IS PROVED THAT THE ACCUSED, WHEN
REQUESTED BY A POLICE OFFICER AT ANY TIME TO DO SO, HAD
REFUSED, OMITTED OR FAILED TO CONSENT TO THE TAKING OF
OR PROVIDING A SPECIMEN OF HIS BREATH FOR A BREATH TEST
OR A SPECIMEN OF HIS BLOOD FOR A LABORATORY TEST, HIS
REFUSAL OMISSION OR FAILURE MAY, UNLESS REASONABLE
CAUSE THEREOF IS SHOWN, BE PRESUMED TO BE A
CIRCUMSTANCE SUPPORTING ANY EVIDENCE GIVEN ON BEHALF
OF THE PROSECUTION, OR REBUTTING ANY EVIDENCE GIVEN ON
BEHALF OF THE DEFENCE, WITH RESPECT TO HIS CONDITION AT
THAT TIME.
SECTION 19 (1)(F) MVA’88
DISQUALIFICATION
POWER OF LICENSING AUTHORITY TO DISQUALIFY FROM
HOLDING A DRIVING LICENCE OR REVOKE SUCH LICENCE: IF A
LICENSING AUTHORITY IS SATISFIED, AFTER GIVING THE
HOLDER OF A DRIVING LICENCE AN OPPORTUNITY OF BEING
HEARD, THAT HE …HAS COMMITTED ANY SUCH ACT WHICH IS
LIKELY TO CAUSE NUISANCE OR DANGER TO PUBLIC, AS MAY BE
PRESCRIBED BY THE CENTRAL GOVERNMENT, HAVING REGARD
TO THE OBJECTS OF THIS ACT (MVA’88), IT MAY FOR REASONS TO
BE RECORDED IN WRITING, MAKE AN ORDER 1 . DISQUALIFYING THAT PERSON FOR A SPECIFIED PERIOD FOR
HOLDING OR OBTAINING ANY DRIVING LICENCE TO DRIVE
ALL OR ANY CLASSES OR DESCRIPTIONS OF VEHICLES
SPECIFIED IN THE LICENCE; OR
2. REVOKE ANY SUCH LICENCE.
‘DRIVING VEHICLE WHILE UNDER THE INFLUENCE OF DRINK OR
DRUGS’ HAS BEEN DEFINED BY RULE 21(16) OF CMVR’89, TO BE
AN ACT CONSTITUTING NUISANCE OR DANGER TO THE PUBLIC,
FOR THE PURPOSE OF S.19 (1)(F) MVA’88.
SECTION 20(2) MVA’88
POWER OF COURT TO DISQUALIFY
WHERE A PERSON IS CONVICTED OF AN OFFENCE UNDER
SECTION 185 MVA’88 THE COURT CONVICTING ANY PERSON OF
ANY SUCH OFFENCE SHALL ORDER THE DISQUALIFICATION (OF
THE PERSON SO CONVICTED FROM HOLDING ANY DRIVING
LICENCE TO DRIVE ALL CLASSES OR DESCRIPTION OF VEHICLES,
OR ANY PARTICULAR CLASS OR DESCRIPTION OF SUCH
VEHICLES, AS ARE SPECIFIED IN SUCH LICENCE) … FOR A PERIOD
NOT LESS THAN SIX MONTHS.
SECTION 22 (2) MVA’88
SUSPENSION/CANCELLATION OF DRIVING LICENCE
SUSPENSION OR CANCELLATION OF DRIVING LICENCE ON
CONVICTION: WITHOUT PREJUDICE TO THE PROVISIONS OF S.20
(2) MVA’88, IF A PERSON HAVING BEEN PREVIOUSLY CONVICTED
OF AN OFFENCE PUNISHABLE UNDER SECTION 185 MVA’88 IS
AGAIN CONVICTED OF AN OFFENCE PUNISHABLE UNDER THAT
SECTION, THE COURT MAKING SUCH SUBSEQUENT CONVICTION,
SHALL, BY ORDER, CANCEL THE DRIVING LICENCE HELD BY
SUCH PERSON.
SECTION 202 MVA’88
ARREST
POWER TO ARREST WITHOUT WARRANT:
1 . A POLICE OFFICER IN UNIFORM MAY ARREST WITHOUT
WARRANT ANY PERSON WHO IN HIS PRESENCE COMMITS AN
OFFENCE PUNISHABLE … UNDER SECTION 185 MVA’88 …
PROVIDED THAT ANY PERSON SO ARRESTED IN CONNECTION
WITH AN OFFENCE PUNISHABLE UNDER SECTION 185 SHALL,
WITHIN TWO HOURS OF HIS ARREST, BE SUBJECTED TO A
MEDICAL EXAMINATION REFERRED TO IN SECTIONS 203 AND
204 MVA’88 BY A REGISTERED MEDICAL PRACTITIONER
FAILING WHICH HE SHALL BE RELEASED FROM CUSTODY.
2. …
3. A POLICE OFFICER ARRESTING WITHOUT WARRANT THE
DRIVER OF A MOTOR VEHICLE SHALL IF THE CIRCUMSTANCES
SO REQUIRE TAKE OR CAUSE TO BE TAKEN ANY STEPS HE MAY
CONSIDER PROPER FOR THE TEMPORARY DISPOSAL OF THE
VEHICLE.
GIVEN BELOW IS SOME BASIC INFORMATION REGARDING: WHAT
IS
ALCOHOL?
HOW
DOES
IT
WORK?
WHAT
ARE
BREATHALYZERS? HOW DO THEY WORK? WHAT ARE ROADSIDE
SOBRIETY TESTS? WHO ARE DRUG RECOGNITION EXPERTS? THIS
WOULD NOT ONLY SERVE AS NECESSARY BACKGROUND
INFORMATION FOR CHALKING OUT AN ENFORCEMENT
STRATEGY, BUT ALSO, WOULD PROVIDE A GLIMPSE OF THE
DIFFERENT STRATEGIES BEING PURSUED IN THE WEST FOR
ENFORCING LAWS AGAINST ‘DRIVING WHILE I MPAIRED’.
ALCOHOL & DRUG IMPAIRED DRIVING
ALCOHOL AND DRUGS ARE PART OF VIRTUALLY EVERY CULTURE
WORLDWIDE. THESE CULTURES HAVE EVOLVED OVER
HUNDREDS, EVEN THOUSANDS, OF YEARS. WITH THE USE OF
THESE POTENTIALLY MIND-ALTERING SUBSTANCES COMES ALSO
ABUSE. MODERN SOCIETIES ARE MOBILE SOCIETIES, AND
AUTOMOTIVE TRAVEL IS THE PRINCIPLE MEANS OF MOVEMENT.
FOR THOSE EMPOWERED TO ENSURE SAFETY ON THE
HIGHWAYS, THERE IS AN IRRECONCILABLE CONFLICT BETWEEN
SUBSTANCE ABUSE AND SAFE DRIVING. THE COST OF THIS
CONFLICT IS HIGH, AND ITS GREATEST IMPACT IS, PERHAPS, ON
FUTURE SOCIETIES. NHTSA REPORTS THAT DRUNKEN DRIVING
CRASHES ARE A LEADING CAUSE OF DEATH AMONG YOUNG
PEOPLE IN THE UNITED STATES. BETWEEN 1982 AND 1993,
266,291 DEATHS IN THIS COUNTRY WERE ALCOHOL-RELATED—
ONE FATALITY EVERY 30 MINUTES. ALCOHOL -RELATED CRASHES
COST AMERICANS 46 BILLION DOLLARS A YEAR. SIMILAR
STATISTICS ON THE EFFECT OF DRUGS ON DRIVING ARE
DIFFICULT TO FIND. MANY DRUG-IMPAIRED DRIVERS ARE
NEVER DETECTED OR, WHEN DETECTED, ARE ARRESTED AS
ALCOHOL-IMPAIRED ONLY. IF INVOLVED IN CRASHES, THEY ARE
NOT CHEMICALLY TESTED FOR DRUGS OTHER THAN ALCOHOL.
CONSERVATIVE ESTIMATES SUGGEST THAT THOUSANDS DIE
AND TENS OF THOUSANDS ARE INJURED ANNUALLY AS A RESULT
OF DRUG-IMPAIRED DRIVING. IN A 1988 STUDY BY THE
UNIVERSITY OF TENNESSEE MEDICAL CENTER THAT ANALYZED
URINE SAMPLES OF CRASH-INJURED DRIVERS, DRUGS OTHER
THAN ALCOHOL WERE DETECTED IN 40 PERCENT OF THE
SAMPLES. MANY DRUG USERS ROUTINELY ABUSE MORE THAN
ONE DRUG SIMULTANEOUSLY. THIS PRACTICE, KNOWN AS
“POLY-DRUG USE” MAY BE MORE COMMON THAN SINGLE DRUG
USE IN CERTAIN SETTINGS. MANY DRUG ABUSERS DRINK
ALCOHOL TO DISGUISE THEIR USE OF DRUGS. IN A STUDY OF
DRUGGED DRIVING ARRESTS BY THE LOS ANGELES POLICE
DEPARTMENT, 47 PERCENT HAD CONSUMED ALCOHOL AND
SOME OTHER DRUG. POLY-DRUG USE CAN PRODUCE A
SYNERGISTIC IMPAIRMENT OF THE USER'S ABILITY TO DRIVE.
THIS CONDITION IS PARTICULARLY DEADLY AND IS PREVALENT
AMONG YOUNGER DRIVERS. A STUDY OF 440 DRIVERS, AGES 15
TO 34 YEARS OLD, WHO WERE KILLED IN CALIFORNIA DURING A
TWO-YEAR PERIOD DETECTED ALCOHOL AND MARIJUANA IN
ONE-THIRD OF THE VICTIMS. MORE THAN HALF HAD CONSUMED
A DRUG OR DRUGS OTHER THAN ALCOHOL. TO REDUCE THE
HIGHWAY MORTALITY RATE FROM ALCOHOL AND DRUG
IMPAIRMENT REQUIRES ALTERING CULTURALLY ROOTED
BEHAVI ORS.
BEHAVIORAL
CHANGE
MAY
BEST
BE
ACCOMPLISHED THROUGH ONGOING PROGRAMS OF VIGOROUS
ENFORCEMENT, COUPLED WITH AMBITIOUS EDUCATION AND
INFORMATION ACTIVITIES. THUS, THERE IS A BROAD RANGE OF
ISSUES INVOLVED WITH ALCOHOL AND DRUG ENFORCEMENT ON
THE HIGHWAY.
HOW ALCOHOL WORKS
WHAT IS ALCOHOL?
IN ORDER TO UNDERSTAND ALCOHOL'S EFFECTS ON THE BODY,
IT IS HELPFUL TO UNDERSTAND THE NATURE OF ALCOHOL AS A
CHEMICAL, SO LET'S TAKE A LOOK... HERE ARE SEVERAL FACTS:
q ALCOHOL IS A CLEAR LIQUID AT ROOM TEMPERATURE.
q ALCOHOL IS LESS DENSE AND EVAPORATES AT A LOWER
TEMPERATURE THAN WATER (THIS PROPERTY ALLOWS IT TO
BE DISTILLED -- BY HEATING A WATER AND ALCOHOL
MIXTURE, THE ALCOHOL EVAPORATES FIRST).
q ALCOHOL DISSOLVES EASILY IN WATER.
q ALCOHOL IS FLAMMABLE (SO FLAMMABLE THAT IT CAN BE
USED AS A FUEL).
q ALCOHOL CAN BE MADE BY FOUR DIFFERENT METHODS:
o FERMENTATION OF FRUIT OR GRAIN MIXTURES
o DISTILLATION OF FERMENTED FRUIT OR GRAIN
MIXTURES (SPIRITS SUCH AS WHISKEY, RUM, VODKA
AND GIN ARE DISTILLED.)
o CHEMICAL MODIFICATION OF FOSSIL FUELS SUCH AS
OIL, NATURAL GAS OR COAL (INDUSTRIAL ALCOHOL)
o CHEMICAL COMBINATION OF HYDROGEN WITH CARBON
MONOXIDE (METHANOL OR WOOD ALCOHOL)
THE ALCOHOL FOUND IN ALCOHOLIC BEVERAGES IS ETHYL
ALCOHOL (ETHANOL). THE MOLECULAR STRUCTURE OF
ETHANOL L OOKS LIKE THIS:
H
H3 C - C - O – H
H
IN THIS STRUCTURE, C IS CARBON, H IS HYDROGEN, O IS OXYGEN
AND THE HYPHENS ARE THE CHEMICAL BONDS BETWEEN THE
ATOMS. FOR PURPOSES OF CLARITY, THE BONDS BETWEEN THE
THREE HYDROGEN ATOMS AND THE LEFT CARBON ATOM ARE
NOT SHOWN. THE OH (O-H) GROUP ON THE MOLECULE IS WHAT
GIVES IT THE SPECIFIC CHEMICAL PROPERTIES OF AN ALCOHOL.
FOR THE REMAINDER OF THIS ARTICLE, WHEN WE SAY
"ALCOHOL," WE MEAN ETHANOL.
YOU WILL NOT FIND PURE ALCOHOL IN MOST DRINKS;
DRINKING PURE ALCOHOL CAN BE DEADLY BECAUSE IT ONLY
TAKES A FEW OUNCES OF PURE ALCOHOL TO QUICKLY RAISE
THE BLOOD ALCOHOL LEVEL INTO THE DANGER ZONE.
FOR VARIOUS TYPES OF BEVERAGES, THE ETHANOL
CONCENTRATION (BY VOLUME) IS AS FOLLOWS:
q
q
q
q
BEER = 4 TO 6 PERCENT (AVERAGE OF ABOUT 4.5 PERCENT)
WINE = 7 TO 15 PERCENT (AVERAGE OF ABOUT 11 PERCENT)
CHAMPAGNE = 8 TO 14 PERCENT (AVERAGE OF ABOUT 12
PERCENT)
DISTILLED SPIRITS (E.G. RUM, GIN, VODKA, WHISKEY) = 40 TO
95 PERCENT
q
q
q
MOST OF THE TYPICAL SPIRITS PURCHASED IN LIQUOR
STORES ARE 40 PERCENT ALCOHOL.
SOME HIGHLY CONCENTRATED FORMS OF RUM AND WHISKY
(75 TO 90 PERCENT) CAN BE PURCHASED IN LIQUOR STORES.
SOME HIGHLY CONCENTRATED FORMS OF WHISKY (I.E.
MOONSHINE) CAN BE MADE AND/OR PURCHASED ILLEGALLY.
HOW ALCOHOL ENTERS AND LEAVES THE BODY
WHEN A PERSON DRINKS AN ALCOHOLIC BEVERAGE, ABOUT 20
PERCENT OF THE ALCOHOL IS ABSORBED IN THE STOMACH AND
ABOUT 80 PERCENT IS ABSORBED IN THE SMALL INTESTINE.
HOW FAST THE ALCOHOL IS ABSORBED DEPENDS UPON
SEVERAL THINGS:
q THE CONCENTRATION OF ALCOHOL IN THE BEVERAGE - THE
GREATER
THE
CONCENTRATION,
THE
FASTER
THE
ABSORPTION.
q THE TYPE OF DRINK - CARBONATED BEVERAGES TEND TO
SPEED UP THE ABSORPTION OF ALCOHOL.
q WHETHER THE STOMACH IS FULL OR EMPTY - FOOD SLOWS
DOWN ALCOHOL ABSORPTION.
AFTER ABSORPTION, THE ALCOHOL ENTERS THE BLOODSTREAM
AND DISSOLVES IN THE WATER OF THE BLOOD. THE BLOOD
CARRIES THE ALCOHOL THROUGHOUT THE BODY. THE ALCOHOL
FROM THE BLOOD THEN ENTERS AND DISSOLVES IN THE WATER
INSIDE EACH TISSUE OF THE BODY (EXCEPT FAT TISSUE, AS
ALCOHOL CANNOT DISSOLVE IN FAT). ONCE INSIDE THE
TISSUES, ALCOHOL EXERTS ITS EFFECTS ON THE BODY. THE
OBSERVED EFFECTS DEPEND DIRECTLY ON THE BLOOD
ALCOHOL CONCENTRATION (BAC), WHICH IS RELATED TO THE
AMOUNT OF ALCOHOL CONSUMED. THE BAC CAN RISE
SIGNIFICANTLY WITHIN 20 MINUTES AFTER HAVING A DRINK.
ONCE ABSORBED BY THE BLOODSTREAM, THE ALCOHOL LEAVES
THE BODY IN THREE WAYS:
q THE KIDNEY ELIMINATES 5 PERCENT OF ALCOHOL IN THE
URINE.
q THE LUNGS EXHALE 5 PERCENT OF ALCOHOL, WHICH CAN BE
DETECTED BY BREATHALYZER DEVICES.
q THE LIVER CHEMICALLY BREAKS DOWN THE REMAINING
ALCOHOL INTO ACETIC ACID. AS A RULE OF THUMB, AN
AVERAGE PERSON CAN ELIMINATE 0.5 OZ (15 ML) OF ALCOHOL
PER HOUR. SO, IT WOULD TAKE APPROXIMATELY ONE HOUR
TO ELIMINATE THE ALCOHOL FROM A 12 OZ (355 ML) CAN OF
BEER. THE BAC INCREASES WHEN THE BODY ABSORBS
ALCOHOL FASTER THAN IT CAN ELIMINATE IT. SO, BECAUSE
THE BODY CAN ONLY ELIMINATE ABOUT ONE DOSE OF
ALCOHOL PER HOUR, DRINKING SEVERAL DRINKS IN AN
HOUR WILL INCREASE YOUR BAC MUCH MORE THAN HAVING
ONE DRINK OVER A PERIOD OF AN HOUR OR MORE.
THE BREAKDOWN OF ALCOHOL
THE BREAKDOWN, OR OXIDATION, OF ETHANOL OCCURS IN THE
LIVER. AN ENZYME IN THE LIVER CALLED ALCOHOL
DEHYDROGENASE STRIPS ELECTRONS FROM ETHANOL TO FORM
ACETALDEHYDE. ANOTHER ENZYME, CALLED ALDEHYDE
DEHYDROGENASE, CONVERTS THE ACETALDEHYDE, IN THE
PRESENCE OF OXYGEN, TO ACETIC ACID, THE MAIN COMPONENT
IN VINEGAR. THE MOLECULAR STRUCTURE OF ACETIC ACID
LOOKS LIKE THIS:
O
||
H3 C - C - O – H
THE || SYMBOL IS A DOUBLE BOND BETWEEN THE ATOMS. WHEN
ETHANOL IS OXIDIZED TO ACETIC ACID, TWO PROTONS AND
TWO ELECTRONS ARE ALSO PRODUCED. THE ACETIC ACID CAN
BE USED TO FORM FATTY ACIDS OR CAN BE FURTHER BROKEN
DOWN INTO CARBON DIOXIDE AND WATER.
THE EFFECTS OF ALCOHOL
IF YOU HAVE SEEN SOMEONE WHO HAS HAD TOO MUCH TO
DRINK, YOU'VE PROBABLY NOTICED DEFINITE CHANGES IN
THAT PERSON'S PERFORMANCE AND BEHAVIOR. THE BODY
RESPONDS TO ALCOHOL IN STAGES, WHICH CORRESPOND TO
AN INCREASE IN BAC:
1. EUPHORIA (BAC = 0.03 TO 0.12 PERCENT)
q THEY BECOME MORE SELF-CONFIDENT OR DARING.
q THEIR ATTENTION SPAN SHORTENS.
q THEY MAY LOOK FLUSHED.
q THEIR JUDGEMENT IS NOT AS GOOD -- THEY MAY SAY
THE FIRST THOUGHT THAT COMES TO MIND, RATHER
THAN AN APPROPRIATE COMMENT FOR THE GIVEN
SITUATION.
q THEY HAVE TROUBLE WITH FINE MOVEMENTS, SUCH
AS WRITING OR SIGNING THEIR NAME.
2. EXCITEMENT (BAC = 0.09 TO 0.25 PERCENT)
q THEY BECOME SLEEPY.
q THEY
HAVE
TROUBLE
UNDERSTANDING
OR
REMEMBERING THINGS (EVEN RECENT EVENTS).
q THEY DO NOT REACT TO SITUATIONS AS QUICKLY (IF
THEY SPILL A DRINK THEY MAY JUST STARE AT IT).
q T HEIR BODY MOVEMENTS ARE UNCOORDINATED.
q THEY BEGIN TO LOSE THEIR BALANCE EASILY.
q THEIR VISION BECOMES BLURRY.
q THEY
MAY HAVE TROUBLE SENSING THINGS
(HEARING, TASTING, FEELING, ETC.).
3. CONFUSION (BAC = 0.18 TO 0.30 PERCENT)
q THEY ARE CONFUSED -- MIGHT NOT KNOW WHERE
THEY ARE OR WHAT THEY ARE DOING.
q THEY ARE DIZZY AND MAY STAGGER.
THEY MAY BE HIGHLY EMOTIONAL -- AGGRESSIVE,
WITHDRAWN OR OVERLY AFFECTIONATE.
q THEY CANNOT SEE CLEARLY.
q THEY ARE SLEEPY.
q THEY HAVE SLURRED SPEECH.
q THEY
HAVE
UNCOORDINATED
MOVEMENTS
(TROUBLE CATCHING AN OBJECT THROWN TO THEM).
q THEY MAY NOT FEEL PAIN AS READILY AS A SOBER
PERSON.
4. STUPOR (BAC = 0.25 TO 0.4 PERCENT)
q THEY CAN BARELY MOVE AT ALL.
q THEY CANNOT RESPOND TO STIMULI.
q THEY CANNOT STAND OR WALK.
q THEY MAY VOMIT.
q THEY MAY LAPSE IN AND O UT OF CONSCIOUSNESS.
5. COMA (BAC = 0.35 TO 0.50 PERCENT)
q THEY ARE UNCONSCIOUS.
q THEIR REFLEXES ARE DEPRESSED (I.E. THEIR PUPILS
DO NOT RESPOND APPROPRIATELY TO CHANGES IN
LIGHT).
q THEY
FEEL COOL (LOWER-THAN-NORMAL BODY
TEMPERATURE).
q THEIR BREATHING IS SLOWER AND SHALLOWER.
q THEIR HEART RATE MAY SLOW.
q THEY MAY DIE.
6. DEATH (BAC MORE THAN 0.50 PERCENT) - THE PERSON
USUALLY STOPS BREATHING AND DIES.
q
ALCOHOL EFFECTS: MEN VS. WOMEN
WHEN YOU COMPARE MEN AND WOMEN OF THE SAME
HEIGHT, WEIGHT AND BUILD, MEN TEND TO HAVE MORE
MUSCLE AND LESS FAT THAN WOMEN. BECAUSE MUSCLE
TISSUE HAS MORE WATER THAN FAT TISSUE, A GIVEN DOSE
OR AMOUNT OF ALCOHOL WILL BE DILUTED MORE IN A
MAN THAN IN A WOMAN. THEREFORE, THE BLOOD
ALCOHOL CONCENTRATION RESULTING FROM THAT DOSE
WILL BE HIGHER IN A WOMAN THAN IN A MAN, AND THE
WOMAN WILL FEEL THE EFFECTS OF THAT DOSE OF
ALCOHOL SOONER THAN THE MAN WILL.
HOW THE BODY RESPONDS TO ALCOHOL
ALCOHOL ACTS PRIMARILY ON THE NERVE CELLS WITHIN
THE BRAIN. ALCOHOL INTERFERES WITH COMMUNICATION
BETWEEN
NERVE
CELLS
AND
ALL
OTHER
CELLS,
SUPPRESSING THE ACTIVITIES OF EXCITATORY NERVE
PATHWAYS AND INCREASING THE ACTIVITIES OF INHIBITORY
NERVE PATHWAYS. FOR EXAMPLE, THIS ARTICLE TALKS
ABOUT
THE
ABILITY
OF
ALCOHOL
(AND
INHALED
ANESTHETICS) TO ENHANCE THE EFFECTS OF THE
NEUROTRANSMITTER GABA, WHICH IS AN INHIBITORY
NEUROTRANSMITTER. ENHANCING AN INHIBITOR WOULD
HAVE THE EFFECT OF MAKING THINGS SLUGGISH, WHICH
MATCHES THE BEHAVIOR YOU SEE IN A DRUNKEN PERSON.
GLUTAMINE IS AN EXCITATORY NEUROTRANSMITTER THAT
ALCOH OL WEAKENS. BY MAKING THIS EXCITATORY
NEUROTRANSMITTER LESS EFFECTIVE, YOU ALSO GET
SLUGGISHNESS. ALCOHOL DOES THIS BY INTERACTING WITH
THE RECEPTORS ON THE RECEIVING CELLS IN THESE
PATHWAYS.
HOW NERVE CELLS TALK
NERVE CELLS TALK TO EACH OTHER AND TO OTHER CELLS
(SUCH AS MUSCLE OR GLAND CELLS) BY SENDING CHEMICAL
MESSAGES.
THESE
MESSAGES
ARE
CALLED
NEUROTRANSMITTERS. AN ELECTRICAL SIGNAL TRAVELS
DOWN ONE NERVE CELL, CAUSING IT TO RELEASE THE
NEUROTRANSMITTER INTO A SMALL GAP BETWEEN CELLS
CALLED THE SYNAPSE. THE NEUROTRANSMITTER TRAVELS
ACROSS THE GAP, BINDS TO A PROTEIN ON THE RECEIVING
CELL MEMBRANE CALLED A RECEPTOR, AND CAUSES A
CHANGE (ELECTRICAL, CHEMICAL OR MECHANICAL) IN THE
RECEIVING CELL. THE NEUROTRANSMITTER AND RECEPTOR
ARE SPECIFIC TO EACH OTHER, LIKE A LOCK AND KEY.
NEUROTRANSMITTERS CAN EITHER EXCITE THE RECEIVING
CELL TO CAUSE A RESPONSE OR INHIBIT THE RECEIVING CELL
FROM STIMULATION.
ALCOHOL AFFECTS VARIOUS CENTERS IN THE BRAIN, BOTH
HIGHER AND LOWER ORDER. THE SAME BAC DOES NOT
EQUALLY AFFECT THE CENTERS -- THE HIGHER-ORDER
CENTERS ARE MORE SENSITIVE THAN THE LOWER-ORDER
CENTERS. AS THE BAC INCREASES, MORE AND MORE CENTERS
OF THE BRAIN ARE AFFECTED. THE ORDER IN WHICH
ALCOHOL AFFECTS THE VARIOUS BRAIN CENTERS IS AS
FOLLOWS:
1. CEREBRAL CORTEX
2. LIMBIC SYSTEM
3. CEREBELLUM
4. HYPOTHALAMUS AND PITUITARY GLAND
5. MEDULLA (BRAIN STEM)
CEREBRAL CORTEX
THE CEREBRAL CORTEX IS THE HIGHEST PORTION OF THE
BRAIN. THE CORTEX PROCESSES INFORMATION FROM YOUR
SENSES,
DOES
YOUR
"THOUGHT"
PROCESSING
AND
CONSCIOUSNESS (IN COMBINATION WITH A STRUCTURE CALLED
THE BASAL GANGLIA), INITIATES MOST VOLUNTARY MUSCLE
MOVEMENTS AND INFLUENCES LOWER-ORDER BRAIN CENTERS.
IN THE CORTEX, ALCOHOL DOES THE FOLLOWING:
q DEPRESSES THE BEHAVIORAL INHIBITORY CENTERS - THE
PERSON BECOMES MORE TALKATIVE, MORE SELF-CONFIDENT
AND LESS SOCIALLY INHIBITED.
q SLOWS DOWN THE PROCESSING OF INFORMATION FROM THE
SENSES - THE PERSON HAS TROUBLE SEEING, HEARING,
SMELLING, TOUCHING AND TASTING; ALSO, THE THRESHOLD
FOR PAIN IS RAISED.
q INHIBITS THOUGHT PROCESSES - THE PERSON DOES NOT USE
GOOD JUDGEMENT OR THINK CLEARLY.
THESE EFFECTS GET MORE PRONOUNCED AS THE BAC
INCREASES.
LIMBIC SYSTEM
THE LIMBIC SYSTEM CONSISTS OF AREAS OF THE BRAIN CALLED
THE HIPPOCAMPUS AND SEPTAL AREA. THE LIMBIC SYSTEM
CONTROLS EMOTIONS AND MEMORY. AS ALCOHOL AFFECTS THIS
SYSTEM, THE PERSON IS SUBJECT TO EXAGGERATED STATES OF
EMOTION (ANGER, AGGRESSIVENESS, WITHDRAWAL) AND
MEMORY LOSS.
CEREBELLUM
THE CEREBELLUM COORDINATES THE MOVEMENT OF MUSCLES.
THE BRAIN IMPULSES THAT BEGIN MUSCLE MOVEMENT
ORIGINATE IN THE MOTOR CENTERS OF THE CEREBRAL CORTEX
AND TRAVEL THROUGH THE MEDULLA AND SPINAL CORD TO
THE MUSCLES. AS THE NERVE SIGNALS PASS THROUGH THE
MEDULLA, THEY ARE INFLUENCED BY NERVE IMPULSES FROM
THE CEREBELLUM. THE CEREBELLUM CONTROLS FINE
MOVEMENTS. FOR EXAMPLE, YOU CAN NORMALLY TOUCH YOUR
FINGER TO YOUR NOSE IN ONE SMOOTH MOTION WITH YOUR
EYES CLOSED; IF YOUR CEREBELLUM WERE NOT FUNCTIONING,
THE MOTION WOULD BE EXTREMELY SHAKY OR JERKY. AS
ALCOHOL AFFECTS THE CEREBELLUM, MUSCLE MOVEMENTS
BECOME UNCOORDINATED. IN ADDITION TO COORDINATING
VOLUNTARY MUSCLE MOVEMENTS, THE CEREBELLUM ALSO
COORDINATES THE FINE MUSCLE MOVEMENTS INVOLVED IN
MAINTAINING YOUR BALANCE. SO, AS ALCOHOL AFFECTS THE
CEREBELLUM, A PERSON LOSES HIS OR HER BALANCE
FREQUENTLY. AT THIS STAGE, THIS PERSON MIGHT BE
DESCRIBED AS "FALLING DOWN DRUNK."
HYPOTHALAMUS AND PITUITARY GLAND
THE HYPOTHALAMUS IS AN AREA OF THE BRAIN THAT
CONTROLS AND INFLUENCES MANY AUTOMATIC FUNCTIONS OF
THE BRAIN THROUGH ACTIONS ON THE MEDULLA, AND
COORDINATES MANY CHEMICAL OR ENDOCRINE FUNCTIONS
(SECRETIONS OF SEX, THYROID AND GROWTH HORMONES)
THROUGH CHEMICAL AND NERVE IMPULSE ACTIONS ON THE
PITUITARY GLAND. ALCOHOL HAS TWO NOTICEABLE EFFECTS ON
THE
HYPOTHALAMUS
AND
PITUITARY GLAND, WHICH
INFLUENCE SEXUAL BEHAVIOR AND URINARY EXCRETION.
ALCOHOL
DEPRESSES
THE
NERVE
CENTERS
IN
THE
HYPOTHALAMUS THAT CONTROL SEXUAL AROUSAL AND
PERFORMANCE. AS BAC INCREASES, SEXUAL BEHAVIOR
INCREASES, BUT SEXUAL PERFORMANCE DECLINES. THIS
OBSERVAT ION HAS BEEN KNOWN FOR A LONG TIME, AND IS
REFERRED TO BY WILLIAM SHAKESPEARE IN "MACBETH" (ACT 2
SCENE 3):
MACDUFF: WHAT THREE THINGS DOES DRINK ESPECIALLY
PROMOTE? PORTER: MARRY SIR, NOSE PAINTING, SLEEP, AND
URINE. LECHERY, SIR IT PROVOKES, AND UNPROVOKES; IT
PROVOKES THE DESIRE, BUT IT TAKES AWAY THE
PERFORMANCE...
THE PORTER IN THE ABOVE EXCERPT ALSO NOTES THE EFFECT
OF ALCOHOL ON URINE EXCRETION. ALCOHOL INHIBITS THE
PITUITARY SECRETION OF ANTI-DIURETIC HORMONE (ADH),
WHICH ACTS ON THE KIDNEY TO REABSORB WATER. ALCOHOL
ACTS ON THE HYPOTHALAMUS/PITUITARY TO REDUCE THE
CIRCULATING LEVELS OF ADH. WHEN ADH LEVELS DROP, THE
KIDNEYS DO NOT REABSORB AS MUCH WATER; CONSEQUENTLY,
THE KIDNEYS PRODUCE MORE URINE.
MEDULLA
THE MEDULLA, OR BRAIN STEM, CONTROLS OR INFLUENCES ALL
OF THE BODILY FUNCTIONS THAT YOU DO NOT HAVE TO THINK
ABOUT, LIKE BREATHING, HEART RATE, TEMPERATURE AND
CONSCIOUSNESS. AS ALCOHOL STARTS TO INFLUENCE UPPER
CENTERS IN THE MEDULLA, SUCH AS THE RETICULAR
FORMATION, A PERSON WILL START TO FEEL SLEEPY AND MAY
EVENTUALLY BECOME UNCONSCIOUS AS BAC INCREASES. IF THE
BAC GETS HIGH ENOUGH TO INFLUENCE THE BREATHING,
HEART RATE AND TEMPERATURE CENTERS, A PERSON WILL
BREATHE SLOWLY OR STOP BREATHING ALTOGETHER, AND
BOTH BLOOD PRESSURE AND BODY TEMPERATURE WILL FALL.
THESE CONDITIONS CAN BE FATAL.
ALCOHOL'S EFFECTS ON OTHER BODY SYSTEMS
IN ADDITION TO THE BRAIN, ALCOHOL CAN AFFECT OTHER BODY
TISSUES. IT HAS THE FOLLOWING EFFECTS ON OTHER SYSTEMS
IN THE BODY:
q IRRITATES THE LININGS OF THE STOMACH AND I NTESTINE
- THIS CAN LEAD TO VOMITING.
q INCREASES
BLOOD FLOW TO THE STOMACH AND
INTESTINES - THIS INCREASES SECRETIONS BY THESE
ORGANS, MOST NOTABLY STOMACH ACID SECRETION.
q INCREASES BLOOD FLOW TO THE SKIN - THIS CAUSES A
PERSON TO SWEAT AND LOOK FLUSHED. THE SWEATING
CAUSES BODY HEAT TO BE LOST, AND THE PERSON'S BODY
TEMPERATURE MAY ACTUALLY FALL BELOW NORMAL.
q REDUCES BLOOD FLOW TO MUSCLES - THIS CAN LEAD TO
MUSCLE ACHES, MOST NOTABLY WHEN A PERSON
RECOVERS FROM THE ALCOHOL (THE "HANGOVER").
ALL OF ALCOHOL'S EFFECTS CONTINUE UNTIL THE BODY
ELIMINATES THE INGESTED ALCOHOL.
ALCOHOL ABUSE
ALCOHOL ABUSE HAS BEEN A RISING PROBLEM OVER THE PAST
THREE DECADES. WITH THE CONTINUED EXPOSURE TO
ALCOHOL, HOW DOES THE HUMAN BODY RESPOND OR ADAPT?
THE BODY'S INCREASED TOLERANCE TO ALCOHOL INVOLVES
THE FOLLOWING CHANGES:
q INCREASE IN LEVEL OF LIVER'S ENZYMES THAT ARE USED TO
BREAK DOWN ALCOHOL
q INCREASE IN ACTIVITY OF BRAIN AND NERVOUS SYSTEM
NEURONS
THESE BODILY ADAPTATIONS CHANGE A PERSON'S BEHAVIOR.
THE LEVELS OF ALCOHOL DEHYDROGENASE AND ALDEHYDE
DEHYDROGENASE IN THE LIVER INCREASE IN RESPONSE TO
LONG-TERM ALCOHOL EXPOSURE. THIS MEANS THAT THE BODY
BECOMES MORE EFFICIENT AT ELIMINATING THE HIGH LEVELS
OF ALCOHOL IN THE BLOOD. HOWEVER, IT ALSO MEANS THAT
THE PERSON MUST DRINK MORE ALCOHOL TO EXPERIENCE THE
SAME EFFECTS AS BEFORE, WHICH LEADS TO MORE DRINKING
AND CONTRIBUTES TO ADDICTION. THE NORMAL CHEMICAL AND
ELECTRICAL FUNCTIONS OF NERVE CELLS INCREASE TO
COMPENSATE FOR THE INHIBITORY EFFECTS OF ALCOHOL
EXPOSURE. THIS INCREASED NERVE ACTIVITY HELPS PEOPLE TO
FUNCTION NORMALLY WITH HIGHER BAC; HOWEVER, IT ALSO
MAKES THEM IRRITABLE WHEN THEY ARE NOT DRINKING.
FURTHERMORE, THE INCREASED NERVE ACTIVITY MAY MAKE
THEM CRAVE ALCOHOL. MOST CERTAINLY, THE INCREASED
NERVE ACTIVITY CONTRIBUTES TO HALLUCINATIONS AND
CONVULSIONS (E.G. DELIRIUM TREMENS) WHEN ALCOHOL IS
WITHDRAWN, AND MAKES IT DIFFICULT TO OVERCOME
ALCOHOL ABUSE AND DEPENDENCE.
IN ADDITION TO THESE ADAPTATIONS, THERE ARE MANY
ADVERSE PHYSICAL EFFECTS THAT RESULT FROM LONG-TERM
EXPOSURE TO ALCOHOL:
q THE INCREASED ACTIVITY IN THE LIVER CAUSES CELL DEATH
AND HARDENING OF THE TISSUE (CIRRHOSIS OF THE LIVER).
q THE BRAIN CELLS IN VARIOUS CENTERS DIE, THEREBY
REDUCING THE TOTAL BRAIN MASS.
q STOMACH AND INTESTINAL ULCERS CAN FORM BECAUSE THE
CONSTANT ALCOHOL USE IRRITATES AND DEGRADES THE
LININGS OF THESE ORGANS.
q BLOOD PRESSURE INCREASES AS THE HEART COMPENSATES
FOR THE INITIALLY REDUCED BLOOD PRESSURE CAUSED BY
ALCOHOL.
q MALE SEX-CELL (SPERM) PRODUCTION DECREASES BECAUSE
OF DECREASED SEX-HORMONE SECRETION FROM THE
HYPOTHALAMUS/PITUITARY AND, POSSIBLY, DIRECT EFFECTS
OF ALCOHOL ON THE TESTES.
q POOR NUTRITION DECREASES LEVELS OF IRON AND VITAMIN
B, LEADING TO ANEMIA.
q BECAUSE ALCOHOLICS LOSE BALANCE AND FALL MORE
OFTEN, THEY SUFFER MORE OFTEN FROM BRUISES AND
BROKEN BONES; THIS IS ESPECIALLY TRUE, AS THEY GET
OLDER.
q FINALLY,
ALCOHOL ABUSE AND DEPENDENCE CAUSE
EMOTIONAL AND SOCIAL PROBLEMS. BECAUSE ALCOHOL
AFFECTS EMOTIONAL CENTERS IN THE LIMBIC SYSTEM,
ALCOHOLICS CAN BECOME ANXIOUS, DEPRESSED AND EVEN
SUICIDAL. THE EMOTIONAL AND PHYSICAL EFFECTS OF
ALCOHOL CAN CONTRIBUTE TO MARITAL AND FAMILY
PROBLEMS, INCLUDING DOMESTIC VIOLENCE, AS WELL AS
WORK-RELATED PROBLEMS, SUCH AS EXCESSIVE ABSENCES
AND POOR PERFORMANCE.
WHILE ALCOHOLISM HAS DEVASTATING EFFECTS ON A
PERSON'S HEALTH AND SOCIAL ENVIRONMENT, THERE ARE
MEDICAL AND PSYCHOLOGICAL WAYS TO TREAT THE
PROBLEM.
HOW BREATHALYZERS WORK
WHY TEST?
ALCOHOL INTOXICATION IS LEGALLY DEFINED IN TERMS OF THE
LEVEL OF BLOOD ALCOHOL CONCENTRATION (BAC). HOWEVER,
TAKING A BLOOD SAMPLE IN THE FIELD FOR LATER ANALYSIS IN
THE LABORATORY IS NOT PRACTICAL OR EFFICIENT FOR
DETAINING DRIVERS SUSPECTED OF DRIVING WHILE IMPAIRED
(DWI) OR DRIVING UNDER THE INFLUENCE (DUI). URINE TESTS
FOR ALCOHOL PROVED TO BE JUST AS IMPRACTICAL IN THE
FIELD AS BLOOD SAMPLING. WHAT WAS NEEDED WAS A WAY TO
MEASURE SOMETHING RELATED TO BAC WITHOUT INVADING A
SUSPECT'S BODY. BREATH ALCOHOL TESTING DEVICES WERE
FIRST DEVELOPED IN THE 1940S, FOR USE BY POLICE. IN 1954,
DR. ROBERT BORKENSTEIN OF THE INDIANA STATE POLICE,
U.S.A., INVENTED THE BREATHALYZER, ONE TYPE OF BREATH
ALCOHOL TESTING DEVICE USED BY LAW ENFORCEMENT
AGENCIES TODAY. LET'S TAKE A LOOK AT WHAT THESE TESTS
ARE BASED ON.
PRINCIPLE OF TESTING
ALCOHOL THAT A PERSON DRINKS SHOWS UP IN THE BREATH
BECAUSE IT GETS ABSORBED FROM THE MOUTH, THROAT,
STOMACH AND INTESTINES INTO THE BLOODSTREAM. ALCOHOL
IS NOT DIGESTED UPON ABSORPTION, NOR CHEMICALLY
CHANGED IN THE BLOODSTREAM. AS THE BLOOD GOES
THROUGH THE LUNGS, SOME OF THE ALCOHOL MOVES ACROSS
THE MEMBRANES OF THE LUNG'S AIR SACS (ALVEOLI) INTO THE
AIR, BECAUSE ALCOHOL WILL EVAPORATE FROM A SOLUTION -THAT IS, IT IS VOLATILE. THE CONCENTRATION OF THE ALCOHOL
IN THE ALVEOLAR AIR IS RELATED TO THE CONCENTRATION OF
THE ALCOHOL IN THE BLOOD. AS THE ALCOHOL IN THE
ALVEOLAR AIR IS EXHALED, THE BREATH ALCOHOL -TESTING
DEVICE CAN DETECT IT. INSTEAD OF HAVING TO DRAW A
DRIVER'S BLOOD TO TEST HIS ALCOHOL LEVEL, AN OFFICER CAN
TEST THE DRIVER'S BREATH ON THE SPOT AND INSTANTLY
KNOW IF THERE IS A REASON TO ARREST THE DRIVER. BECAUSE
THE ALCOHOL CONCENTRATION IN THE BREATH IS RELATED TO
THAT IN THE BLOOD, YOU CAN FIGURE THE BAC BY MEASURING
ALCOHOL ON THE BREATH. THE RATIO OF BREATH ALCOHOL TO
BLOOD ALCOHOL IS 2,100:1. THIS MEANS THAT 2,100
MILLILITERS (ML) OF ALVEOLAR AIR WILL CONTAIN THE SAME
AMOUNT OF ALCOHOL AS 1 ML OF BLOOD. FOR MANY YEARS, THE
LEGAL STANDARD FOR DRUNKENNESS ACROSS THE UNITED
STATES WAS 0.10, BUT MANY STATES HAVE NOW ADOPTED THE
0.08 STANDARD. THE FEDERAL GOVERNMENT HAS PUSHED
STATES TO LOWER THE LEGAL LIMIT. THE AMERICAN MEDICAL
ASSOCIATION SAYS THAT A PERSON CAN BECOME IMPAIRED
WHEN THE BLOOD ALCOHOL LEVEL HITS 0.05. IF A PERSON'S
BAC MEASURES 0.08, IT MEANS THAT THERE ARE 0.08 GRAMS OF
ALCOHOL PER 100 ML OF BLOOD. THERE ARE SEVERAL
DIFFERENT DEVICES USED FOR MEASURING BAC.
NOTE: EXHALED AIR CAN BE CATEGORIZED INTO ESSENTIALLY
THREE TYPES OF SAMPLES: TIDAL BREATH AIR, RESERVE
BREATH AIR, AND ALVEOLAR BREATH AIR.
§ TIDAL BREATH AIR IS AIR EXHALED IN THE COURSE OF
NORMAL BREATHING. IT IS THE MOST SHALLOW OF THE
THREE TYPES.
§ RESERVE BREATH AIR IS EXHALED WHEN THE BODY IS
EXERTED. IT IS PRODUCED THROUGH DEEPER BREATHING
THAN TIDAL BREATH AIR, BUT GREAT VOLUMES OF AIR ARE
BOTH INHALED AND EXHALED WITH LITTLE RESIDENCE IN
THE LUNG.
§ ALVEOLAR BREATH AIR IS DEEP LUNG AIR. SINCE BREATH
TESTING INSTRUMENTS ARE INTENDED TO MEASURE
INDIRECTLY THE CONCENTRATION OF ALCOHOL IN THE
BLOOD, IT IS ESSENTIAL FOR ACCURACY THAT THE BREATH
SAMPLE CAPTURED BY THE INSTRUMENT FOR ANALYSIS BE
REPRESENTATIVE OF THE AIR IN THE ALVEOLI OF THE LUNG,
BECAUSE IT IS IN THE ALVEOLI THAT THE 2100:1
EQUILIBRIUM RATIO BETWEEN ALCOHOL IN THE BREATH
AND ALCOHOL IN THE BLOOD OCCURS.
TYPES OF DEVICES
THERE ARE THREE MAJOR TYPES OF BREATH ALCOHOL TESTING
DEVICES, AND THEY'RE BASED ON DIFFERENT PRINCIPLES:
q
q
q
BREATHALYZER - USES A CHEMICAL REACTION INVOLVING
ALCOHOL THAT PRODUCES A COLOR CHANGE
INTOXILYZER - DETECTS ALCOHOL BY INFRARED (IR)
SPECTROSCOPY
ALCOSENSOR III OR IV - DETECTS A CHEMICAL REACTION
OF ALCOHOL IN A FUEL CELL
REGARDLESS OF THE TYPE, EACH DEVICE HAS A
MOUTHPIECE, A TUBE THROUGH WHICH THE SUSPECT
BLOWS AIR, AND A SAMPLE CHAMBER WHERE THE AIR GOES.
THE REST OF THE DEVICE VARIES WITH THE TYPE.
BREATHALYZER
THE BREATHALYZER DEVICE CONTAINS:
q A SYSTEM TO SAMPLE THE BREATH OF THE SUSPECT
q TWO GLASS VIALS CONTAINING THE CHEMICAL REACTION
MIXTURE
A SYSTEM OF PHOTOCELLS CONNECTED TO A METER TO
MEASURE THE COLOR CHANGE ASSOCIATED WITH THE
CHEMICAL REACTION
TO MEASURE ALCOHOL, A SUSPECT BREATHES INTO THE
DEVICE. THE BREATH SAMPLE IS BUBBLED IN ONE VIAL
THROUGH A MIXTURE OF SULFURIC ACID, POTASSIUM
DICHROMATE, SILVER NITRATE AND WATER. THE PRINCIPLE
OF THE MEASUREMENT IS BASED ON THE FOLLOWING
CHEMICAL REACTION:
q
IN THIS REACTION:
1 . THE SULFURIC ACID REMOVES THE ALCOHOL FROM THE AIR
INTO A LIQUID SOLUTION.
2. THE ALCOHOL REACTS WITH POTASSIUM DICHROMATE TO
PRODUCE:
a. CHROMIUM SULFATE
b. POTASSIUM SULFATE
c. ACETIC ACID
d. WATER
THE SILVER NITRATE IS A CATALYST, A SUBSTANCE THAT MAKES
A REACTION GO FASTER WITHOUT PARTICIPATING IN IT. THE
SULFURIC ACID, IN ADDITION TO REMOVING THE ALCOHOL
FROM THE AIR, ALSO MIGHT PROVIDE THE ACIDIC CONDITION
NEEDED FOR THIS REACTION. DURING THIS REACTION, THE
REDDISH-ORANGE DICHROMATE ION CHANGES COLOR TO THE
GREEN CHROMIUM ION WHEN IT REACTS WITH THE ALCOHOL;
THE DEGREE OF THE COLOR CHANGE IS DIRECTLY RELATED TO
THE LEVEL OF ALCOHOL IN THE EXPELLED AIR. TO DETERMINE
THE AMOUNT OF ALCOHOL IN THAT AIR, THE REACTED MIXTURE
IS COMPARED TO A VIAL OF UNREACTED MIXTURE IN THE
PHOTOCELL SYSTEM, WHICH PRODUCES AN ELECTRIC CURRENT
THAT CAUSES THE NEEDLE IN THE MET ER TO MOVE FROM ITS
RESTING PLACE. THE OPERATOR THEN ROTATES A KNOB TO
BRING THE NEEDLE BACK TO THE RESTING PLACE AND READS
THE LEVEL OF ALCOHOL FROM THE KNOB -- THE MORE THE
OPERATOR MUST TURN THE KNOB TO RETURN IT TO REST, THE
GREATER THE LEVEL OF ALCOHOL.
THE CHEMISTRY OF ALCOHOL
AS HAS ALREADY BEEN MENTIONED, THE ALCOHOL FOUND IN
ALCOHOLIC BEVERAGES IS ETHYL ALCOHOL (ETHANOL). THE
MOLECULAR STRUCTURE OF ETHANOL LOOKS LIKE THIS:
H
H3C - C - O – H
H
WHERE C IS CARBON, H IS HYDROGEN, O IS OXYGEN AND EACH
HYPHEN IS A CHEMICAL BOND BETWEEN THE ATOMS. FOR
CLARITY, THE BONDS OF THE THREE HYDROGEN ATOMS TO THE
LEFT CARBON ATOM ARE NOT SHOWN. THE OH (O - H) GROUP ON
THE MOLECULE IS WHAT MAKES IT AN ALCOHOL. THERE ARE
FOUR TYPES OF BONDS IN THIS MOLECULE:
§ CARBON-CARBON (C - C)
§ CARBON-HYDROGEN (C - H)
§ CARBON-OXYGEN (C - O)
§ OXYGEN-HYDROGEN (O - H)
THE CHEMICAL BONDS BETWEEN THE ATOMS ARE SHARED
PAIRS OF ELECTRONS. CHEMICAL BONDS ARE MUCH LIKE
SPRINGS: THEY CAN BEND AND STRETCH. THESE PROPERTIES
ARE IMPORTANT IN DETECTING ETHANOL IN A SAMPLE BY
INFRARED (IR) SPECTROSCOPY.
INTOXILYZER
THIS DEVICE USES INFRARED (IR) SPECTROSCOPY, WHICH
IDENTIFIES MOLECULES BASED ON THE WAY THEY ABSORB IR
LIGHT. MOLECULES ARE CONSTANTLY VIBRATING, AND THESE
VIBRATIONS CHANGE WHEN THE MOLECULES ABSORB IR LIGHT.
THE CHANGES IN VIBRATION INCLUDE THE BENDING AND
STRETCHING OF VARIOUS BONDS. EACH TYPE OF BOND WITHIN
A MOLECULE ABSORBS IR AT DIFFERENT WAVELENGTHS. SO, TO
IDENTIFY ETHANOL IN A SAMPLE, YOU HAVE TO LOOK AT THE
WAVELENGTHS OF THE BONDS IN ETHANOL (C-O, O-H, C-H, C-C)
AND MEASURE THE ABSORPTION OF IR LIGHT. THE ABSORBED
WAVELENGTHS HELP TO IDENTIFY THE SUBSTANCE AS
ETHANOL, AND THE AMOUNT OF IR ABSORPTION TELLS YOU
HOW MUCH ETHANOL IS THERE.
IN THE INTOXILYZER:
1. A
LAMP
GENERATES
A
BROADBAND
(MULTIPLEWAVELENGTH) IR BEAM.
2. THE BROADBAND IR BEAM PASSES THROUGH THE SAMPLE
CHAMBER AND IS FOCUSED BY A LENS ONTO A SPINNING
FILTER WHEEL.
3. THE FILTER WHEEL CONTAINS NARROW BAND FILTERS
SPECIFIC FOR THE WAVELENGTHS OF THE BONDS IN
ETHANOL. THE LIGHT PASSING THROUGH EACH FILTER IS
DETECTED BY THE PHOTOCELL, WHERE IT IS CONVERTED
TO AN ELECTRICAL PULSE.
4. THE
ELECTRICAL
PULSE
IS
RELAYED
TO
THE
MICROPROCESSOR, WHICH INTERPRETS THE PULSES AND
CALCULATES THE BAC BASED ON THE ABSORPTION OF
INFRARED LIGHT.
FUEL-CELL DETECTORS
MODERN FUEL-CELL TECHNOLOGY (WHICH MAY POWER OUR
CARS AND EVEN OUR HOUSES SOME DAY) HAS BEEN APPLIED TO
BREATH ALCOHOL DETECTORS. DEVICES LIKE THE ALCOSENSOR
III AND IV USE FUEL CELLS. THE FUEL CELL HAS TWO PLATINUM
ELECTRODES WITH A POROUS ACID-ELECTROLYTE MATERIAL
SANDWICHED BETWEEN THEM. AS THE EXHALED AIR FROM THE
SUSPECT FLOWS PAST ONE SIDE OF THE FUEL CELL, THE
PLATINUM OXIDIZES ANY ALCOHOL IN THE AIR TO PRODUCE
ACETIC ACID, PROTONS AND ELECTRONS (REFER NOTE ON
OXIDATION OF ALCOHOL). THE ELECTRONS FLOW THROUGH A
WIRE FROM THE PLATINUM ELECTRODE. THE WIRE IS
CONNECTED TO AN ELECTRICAL -CURRENT METER AND TO THE
PLATINUM ELECTRODE ON THE OTHER SIDE. THE PROTONS
MOVE THROUGH THE LOWER PORTION OF THE FUEL CELL AND
COMBINE WITH OXYGEN AND THE ELECTRONS ON THE OTHER
SIDE TO FORM WATER. THE MORE THE ALCOHOL THAT GETS
OXIDIZED, THE GREATER THE ELECTRICAL CURRENT THAT IS
PRODUCED. A MICROPROCESSOR MEASURES THE ELECTRICAL
CURRENT AND CALCULATES THE BAC.
OPERATORS OF ANY BREATH ALCOHOL-TESTING DEVICE MUST
BE TRAINED IN THE USE AND CALIBRATION OF THE DEVICE,
ESPECIALLY IF THE RESULTS ARE TO BE USED AS EVIDENCE IN
DWI TRIALS. LAW ENFORCEMENT OFFICERS CAN CARRY
PORTABLE BREATH TESTING DEVICES THAT USE THE SAME
PRINCIPLE AS FULL-SIZE DEVICES. COURT CASES CAN TURN ON
THE PERCEIVED ACCURACY OF A BREATH TEST, HOWEVER, SO
PROSECUTORS RELY ON THE RESULTS OBTAINED FROM FULL SIZE DEVICES.
NON-INVASIVE OR PASSIVE ALCOHOL SENSORS
PASSIVE ALCOHOL SENSORS (PAS) ARE INSTRUMENTS THAT
DETECT THE PRESENCE OF ALCOHOL IN NORMALLY EXPELLED
BREATH. THEY REQUIRE NO COOPERATION FROM THE DRIVER.
DURING THE ROADSIDE INTERVIEW OF THE DRIVER AND
EXAMINATION OF DOCUMENTS, THE OFFICER PLACES THE PAS
WITHIN SIX INCHES OF THE DRIVER'S MOUTH. IT CONTAINS A
SMALL FAN, WHICH SAMPLES THE AMBIENT AIR FOR
EXAMINATION. AN ELECTRO-CHEMICAL MECHANISM ANALYZES
THE AIR FOR THE PRESENCE OF ALCOHOL. SOME INSTRUMENTS
ARE CONCEALED WITHIN A FLASHLIGHT AND CAN BE USED AS A
PASSIVE OR ACTIVE DETECTOR. NHTSA STUDIES INDICATE
THESE
DEVICES
ARE
EFFECTIVE
DURING
SOBRIETY
CHECKPOINTS WHEN THE DECISION WHETHER OR NOT TO
CONTINUE BREATH TESTING MUST BE MADE QUICKLY.
ROADSIDE SOBRIETY TESTS
STANDARDIZED FIELD SOBRIETY TESTING
THE STANDARDIZED FIELD SOBRIETY TEST (SFST) IS A BATTERY
OF THREE TESTS ADMINISTERED AND EVALUATED IN A
STANDARDIZED MANNER TO OBTAIN VALIDATED INDICATORS OF
IMPAIRMENT AND ESTABLISH PROBABLE CAUSE FOR ARREST.
THESE TESTS WERE DEVELOPED AS A RESULT OF RESEARCH
SPONSORED BY THE NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION (NHTSA), U.S.A. AND CONDUCTED BY THE
SOUTHERN CALIFORNIA RESEARCH INSTITUTE. A FORMAL
PROGRAM OF TRAINING WAS DEVELOPED AND IS AVAILABLE
THROUGH NHTSA TO HEL P POLICE OFFICERS BECOME MORE
SKILLFUL AT DETECTING DWI SUSPECTS, DESCRIBING THE
BEHAVIOR OF THESE SUSPECTS, AND PRESENTING EFFECTIVE
TESTIMONY IN COURT. FORMAL ADMINISTRATION AND
ACCREDITATION OF THE PROGRAM IS PROVIDED THROUGH THE
INTERNATIONAL ASSOCIATI ON OF CHIEFS OF POLICE (IACP). THE
THREE TESTS OF THE SFST ARE:
§ THE HORIZONTAL GAZE NYSTAGMUS (HGN)
§ THE WALK-AND-TURN
§ THE ONE-LEG STAND.
THESE TESTS ARE ADMINISTERED SYSTEMATICALLY AND ARE
EVALUATED ACCORDING TO MEASURED RESPONSES OF THE
SUSPECT.
HGN TESTING
HORIZONTAL GAZE NYSTAGMUS IS AN INVOLUNTARY JERKING
OF THE EYEBALL WHICH OCCURS NATURALLY AS THE EYES GAZE
TO THE SIDE. UNDER NORMAL CIRCUMSTANCES, NYSTAGMUS
OCCURS WHEN THE EYES ARE ROTATED AT HIGH PERIPHERAL
ANGLES. HOWEVER, WHEN A PERSON IS IMP AIRED BY ALCOHOL,
NYSTAGMUS IS EXAGGERATED AND MAY OCCUR AT LESSER
ANGLES. AN ALCOHOL-IMPAIRED PERSON WILL ALSO OFTEN
HAVE DIFFICULTY SMOOTHLY TRACKING A MOVING OBJECT. IN
THE HGN TEST, THE OFFICER OBSERVES THE EYES OF A SUSPECT
AS THE SUSPECT FOLLOWS A SLOWLY MOVING OBJECT SUCH AS
A PEN OR SMALL FLASHLIGHT, HORIZONTALLY WITH HIS EYES.
THE EXAMINER LOOKS FOR THREE INDICATORS OF IMPAIRMENT
IN EACH EYE: IF THE EYE CANNOT FOLLOW A MOVING OBJECT
SMOOTHLY, IF JERKING IS DISTINCT WHEN THE EYE IS AT
MAXIMUM DEVIATION, AND IF THE ANGLE OF ONSET OF
JERKING IS WITHIN 45 DEGREES OF CENTER. IF, BETWEEN THE
TWO EYES, FOUR OR MORE CLUES APPEAR, THE SUSPECT LIKELY
HAS A BAC OF 0.10 OR GREATER. NHTSA RESEARCH INDICATES
THAT THIS TEST ALLOWS PROPER CLASSIFICATION OF
APPROXIMATELY 77 PERCENT OF SUSPECTS. HGN MAY ALSO
INDICATE
CONSUMPTION
OF
SEIZURE
MEDICATIONS,
PHENCYCLIDINE,
AND
A
VARIETY
OF
INHALANTS,
BARBITURATES, AND OTHER DEPRESSANTS.
DIVIDED ATTENTION TESTING
THE WALK-AND-TURN TEST AND ONE-LEG STAND TEST ARE
“DIVIDED ATTENTION” TESTS THAT ARE EASILY PERFORMED BY
MOST SOBER PEOPLE. THEY REQUIRE A SUSPECT TO LISTEN TO
AND FOLLOW INSTRUCTIONS WHILE PERFORMING SIMPLE
PHYSICAL MOVEMENTS. IMPAIRED PERSONS HAVE DIFFICULTY
WITH TASKS REQUIRING THEIR ATTENTION TO BE DIVIDED
BETWEEN SIMPLE MENTAL AND PHYSICAL EXERCISES.
§ WALK-AND-TURN TEST, THE SUBJECT IS DIRECTED TO TAKE
NINE STEPS, HEEL -TO-TOE, ALONG A STRAIGHT LINE. AFTER
TAKING THE STEPS, THE SUSPECT MUST TURN ON ONE FOOT
AND RETURN IN THE SAME MANNER IN THE OPPOSITE
DIRECTION . THE EXAMINER LOOKS FOR SEVEN INDICATORS
OF IMPAIRMENT: IF THE SUSPECT CANNOT KEEP BALANCE
WHILE LISTENING TO THE INSTRUCTIONS, BEGINS BEFORE
THE INSTRUCTIONS ARE FINISHED, STOPS WHILE WALKING
TO REGAIN BALANCE, DOES NOT TOUCH HEEL -TO-TOE, USES
ARMS TO BALANCE, LOSES BALANCE WHILE TURNING, OR
TAKES AN INCORRECT NUMBER OF STEPS. NHTSA RESEARCH
INDICATES THAT 68 PERCENT OF INDIVIDUALS WHO EXHIBIT
TWO OR MORE INDICATORS IN THE PERFORMANCE OF THE
TEST WILL HAVE A BAC OF 0.10 OR GREATER.
§ ONE-LEG STAND TEST, THE SUSPECT IS INSTRUCTED TO
STAND WITH ONE FOOT APPROXIMATELY SIX INCHES OFF
THE GROUND AND COUNT ALOUD BY THOUSANDS (ONE
THOUSAND-ONE, ONE THOUSAND-TWO, ETC.) UNTIL TOLD TO
PUT THE FOOT DOWN. THE OFFICER TIMES THE SUBJECT FOR
A 30 SECONDS. THE OFFICER LOOKS FOR FOUR INDICATORS
OF IMPAIRMENT, INCLUDING SWAYING WHILE BALANCING,
USING ARMS TO BALANCE, HOPPING TO MAINTAIN BALANCE,
AND PUTTING THE FOOT DOWN. NHTSA RESEARCH INDICATES
THAT 65 PERCENT OF INDIVIDUALS WHO EXHIBIT TWO OR
MORE SUCH INDICATORS IN THE PERFORMANCE OF THE TEST
WILL HAVE A BAC OF 0.10 OR GREATER. THE EFFECTIVENESS
OF SFST IN COURT TESTIMONY AND EVIDENCE DEPENDS UPON
THE CUMULATIVE TOTAL OF IMPAIRMENT INDICATORS
PROVIDED BY THE THREE-TEST BATTERY. THE GREATER THE
NUMBER OF INDICATORS, THE MORE CONVINCING THE
TESTIMONY. BECAUSE SFST IS ADMINISTERED ACCORDING TO
NATIONAL STANDARDS AND IS SUPPORTED BY SIGNIFICANT
RESEARCH, IT HAS GREATER CREDIBILITY THAN MERE
SUBJECTIVE TESTIMONY.
ALTERNATIVE TESTING METHODS
SOMETIMES, AN OFFICER WILL ENCOUNTER A DISABLED DRIVER
WHO CANNOT PERFORM THE SFST. IN SUCH CASES, SOME OTHER
BATTERY OF TESTS SUCH AS COUNTING ALOUD, RECITING THE
ALPHABET,
OR
FINGER
DEXTERITY
TESTS
MAY
BE
ADMINISTERED. SEVERAL APPELLATE COURT DECISIONS HAVE
INDICATED THAT, IF YOU ADMINISTER A TEST THAT REQUIRES
THE SUBJECT TO RESPOND ORALLY IN OTHER THAN A ROUTINE
INFORMATION -GIVING FASHION, SUCH AS REQUIRING THEM TO
INDICATE THE DATE OF THEIR SIXTH BIRTHDAY, AND IF THEY
ARE IN CUSTODY AT THE TIME, YOU SHOULD ADMINISTER THE
MIRANDA WARNING FIRST, BECAUSE YOU ARE SEEKING
INFORMATION FROM THEM THAT IS TESTIMONIAL OR
COMMUNICATIVE IN NATURE.
DRUG RECOGNITION EXPERTS
OFTEN THE BEHAVIOR OF SUSPECTS IS ABNORMAL FOR
ALCOHOL IMPAIRMENT ALONE, OR FIELD OR BREATH TESTS
INDICATE THAT THE SUSPECT'S BAC IS LOWER THAN THE LEVEL
OF IMPAIRMENT SUGGESTS. EITHER OF THESE OBSERVATIONS IS
COMMON WHEN ENCOUNTERING POLY-DRUG USERS. MOST
JURISDICTIONS HAVE LAWS THAT PROHIBIT DRIVING WHILE
IMPAIRED DWI BY ALCOHOL, DRUGS, OR A COMBINATION.
DRUG RECOGNITION EXPERTS (DRES) ARE OFFICERS WHO HAVE
BEEN SPECIFICALLY TRAINED TO RECOGNIZE THE EFFECTS OF
DRUG IMPAIRMENT. THE DRE EXAMINES SUCH SUSPECTS AND
MAKES TRAINED OBSERVATIONS TO DETERMINE WHETHER TO
REQUEST A BLOOD OR URINE TEST, AND TO GUIDE THE
LABORATORY TECHNICIAN TOWARD GENERAL CATEGORIES OF
DRUGS TO LOOK FOR IN ANALYSIS OF THE SAMPLE. THE DRE'S
EXAMINATION ALSO PROVIDES EVIDENCE OF OBSERVABLE
DRUG EFFECTS TO HELP CONFIRM THE LAB ANALYSIS.
RECOGNIZING DRUG “SIGNATURES”
DRES ARE TRAINED TO RECOGNIZE DISTINGUISHABLE
“SIGNATURES” OF CERTAIN CATEGORIES OF DRUGS, IDENTIFIED
THROUGH FIVE OBSERVATIONS BY THE DRE:
§ VITAL SIGNS (PULSE, TEMPERATURE, AND BLOOD PRESSURE);
§ PSYCHOPHYSICAL RESPONSES (COORDINATION OF MIND AND
BODY);
§ SIGNS OF ADMINISTRATION OF DRUGS (SUCH AS INJECTION
SITES);
EYE RESPONSES (HORIZONTAL AND VERTICAL GAZE
NYSTAGMUS, EYE CONVERGENCE, AND PUPIL SIZE UNDER
VARYING LIGHT INTENSITIES); AND
§ PHYSICAL AND BEHAVIORAL CHARACTERISTICS (SUCH AS
MUSCLE RIGIDITY OR FLACCIDITY, HYPERACTIVITY).
DRES OBSERVATIONS CANNOT SUBSTITUTE FOR THE CHEMICAL
TEST OR LAB ANALYSIS. ONLY SUCH ANALYSIS BY QUALIFIED
FORENSIC CHEMISTS CAN ACCURATELY IDENTIFY OR QUANTIFY
A PARTICULAR DRUG. THIS ANALYSIS IS AN IMPORTANT STEP IN
THE ACQUISITION OF GATHERING EVIDENCE IN DRUG-RELATED
CASES.
§
SOBRIETY CHECKPOINTS
THE
SOBRIETY
CHECKPOINT
IS
A
HIGHLY
VISIBLE
ENFORCEMENT MECHANISM. ALL MOTORISTS APPROACHING A
DESIGNATED AREA OF HIGHWAY ARE STOPPED AND BRIEFLY
INVESTIGATED FOR SIGNS OF INTOXICATION. ITS PURPOSE IS TO
MAXIMIZE DETERRENCE, BY INCREASING THE RISK PERCEPTION
OF MOTORISTS WHO DRIVE WHILE IMPAIRED BY ALCOHOL OR
DRUGS. EVIDENCE SUGGESTS THAT SOBRIETY CHECKPOINTS
CAN REDUCE THE NUMBER OF ALCOHOL -RELATED ACCIDENTS.
§
LOCATION: GENERALLY, ROADSIDE SOBRIETY CHECKPOINT
LOCATIONS SHOULD BE DETERMINED BY LAW ENFORCEMENT
COMMANDERS OR FIRST-LINE SUPER-VISORS, RATHER THAN
BEING SELECTED ON AN AD HOC BASIS BY THE LINE OFFICERS
WHO CONDUCT THEM. THE TARGET AREAS FOR LOCATING
SOBRIETY CHECKPOINTS ARE IDENTIFIED BY A HIGH
INCI DENCE OF DWI OR DWI ACCIDENT RATES.
§
SAFETY PRECAUTIONS: TO DETER DRINKING DRIVERS,
ADVANCE PUBLICITY OF A CHECKPOINT IS ADVISABLE.
WARNING SIGNS SHOULD ALSO BE PLACED ALONG THE
HIGHWAY TO NOTIFY MOTORISTS IN ADVANCE, AND
ADEQUATE LIGHTING SHOULD ENABLE THE MOTORIST TO
QUICKLY SPOT THE CHECKPOINT AND REACT. THE WARNING
DEVICES ON VEHICLES AND REFLECTORIZED EQUIPMENT
WORN BY OFFICERS SHOULD BE DEPLOYED. BE SURE THAT
THE LIGHTS OF POLICE CRUISERS OR OTHER STOPPED
VEHICLES DO NOT BLIND ONCOMING MOTORISTS. PROVIDE
AMPLE ROOM AND A SAFE LOCATION TO PULL VEHICLES
OVER, BY OFFICERS IN FULL UNIFORM AND READILY
IDENTIFIABLE.
§
CONDUCT OF ENFORCEMENT OFFICERS: BRIEFLY GREET EACH
MOTORIST AND EXPLAIN THE PURPOSE OF THE STOP. AFTER A
BRIEF CONVERSATION AND, PERHAPS, A CHECK OF THE
DRIVER'S LICENSE, REGISTRATION, INSPECTION STICKER,
AND EQUIPMENT, DETERMINE WHETHER OR NOT THE
DRIVER APPEARS TO BE IMPAIRED. IF NOT, QUICKLY WAVE
THE MOTORIST ON HIS WAY. MOTORISTS SELECTED FOR
FURTHER INVESTIGATION ON THE BASIS OF ARTICULABLE
SUSPICION SHOULD BE PULLED OFF THE ROAD IN A LOCATION
WHERE ADDITIONAL INQUIRY CAN BE CONDUCTED. IF
ARTICULABLE
SUSPICION
OF
DUI
EXISTS,
A
PBT
(PRELIMINARY BREATH TESTING) DEVICE CAN BE EMPLOYED.
SOME PBT DEVICES ARE SO SOPHISTICATED THAT THEY NO
LONGER REQUIRE THE MOTORIST TO BLOW INTO THEM, BUT
OPERATE AS “SNIFFERS” TO CHECK FOR THE PRESENCE OF
VOLATILE SUBSTANCES WHEN PASSED IN FRONT OF THE
DRIVER'S NOSE AND MOUTH. IF ALCOHOL OR CONTROLLED
SUBSTANCES ARE DETECTED AND THE DRIVER APPEARS
IMPAIRED, ADMINISTER A FIELD SOBRIETY TEST, AND PLACE
THE DRIVER UNDER ARREST, TO BE TRANSPORTED TO A
BREATH-TESTING SITE, OR A “BATMOBILE” (A PORTABLE
BREATH TESTER SET UP IN A POLICE VAN).
NOTE: THE LEGALITY OF THESE CHECKPOINTS HAS BEEN
CHALLENGED IN THE COURTS OF U.S.A. ON THE GROUNDS THAT
THEY VIOLATE THE RIGHTS OF THE CITIZEN AGAINST ILLEGAL
SEARCH AND SEIZURE. THE U.S. SUPREME COURT HAS UPHELD
THE CONSTITUTIONALITY OF SOBRIETY CHECKPOINTS AND HAS
RULED THAT ‘THE INITIAL STOP AND BRIEF DETENTION,
WITHOUT INDIVIDUALIZED SUSPICION, OF ALL MOTORISTS
PASSING THROUGH A HIGHWAY CHECKPOINT ESTABLISHED TO
DETECT AND DETER DRUNK DRIVING, CONDUCTED IN
CONFORMITY WITH GUIDELINES ON OPERATION, SITE
SELECTION, AND PUBLICITY’ IS NOT VIOLATIVE OF THE
CONSTITUTIONAL PROHIBITION ON ILLEGAL SEARCH AND
SEIZURE.