Alcohol and the Law February 26, 2019

What do you already know? What kind of drug is alcohol? What are the laws related to its use? How quickly is it absorbed and eliminated?

Effects on the body Alcohol is a depressant – it reduces stimulation and function of the brain Scientists are discovering more and more that alcohol is a major carcinogen. Even light drinking increases the risk of several cancers, and the risk of cancer increases the more a person drinks. Cancers associated with alcohol consumption include: mouth, throat, esophageal, liver, colon, and breast cancers. Alcohol and tobacco work synergistically to dramatically increase risk of mouth, throat, and esophageal cancers. How does alcohol increase cancer risk? -> it is broken down in the body into acetylaldehyde, which is toxic and damages dna It creates several oxidative chemicals which damages dna It impairs absorption and breakdown of many vitamins It increases blood levels of estrogen (thus the link to breast cancer)

Effects on the body BAC = Blood Alcohol Concentration (measured in grams ethanol per 100 mL blood) Anyone know what the legal limit for driving is? 0.08 for me, 0.02 for you!

Alcohol absorption Absorption is when alcohol enters the bloodstream, and it occurs in the stomach and small intestine. Alcohol absorption speed depends on many things including type of alcohol and whether or not there is food in the stomach. Absorption begins almost immediately and finishes anywhere from 30-90 minutes after last drink. Alcohol is absorbed faster than many chemicals because it is partially absorbed in stomach – most nutrients are absorbed in small intestine. If you have a drink and then drive – your BAC (and therefore your impairment) is likely still going up BAC after 5 ounces (3 shots) of vodka or similar proof alcohol.

Alcohol elimination Alcohol is eliminated (removed from the body) through two processes: oxidation and excretion. Oxidation occurs when alcohol is broken down in the liver by the enzyme alcohol dehydrogenase. alcohol  acetaladehyde acetic acid Excretion occurs when alcohol is removed from the body in the urine, breath, and sweat. Alcohol is eliminated at a rate of about 0.015 % per hour after absorbance is complete – but this varies with individuals. Women typically eliminate alcohol more slowly than men. Go back & add absorption phase and elimination phase to graph on guided notes

Alcohol and the Law 40% of all traffic accidents are alcohol-related. The legal BAC for adult, non- commercial drivers is 0.08. About 4X more crashes occur when the BAC is 0.08. In most states, extra penalties occur for BAC > 0.15, at which point the chance of crashing is 25X higher. “Zero Tolerance” laws set 0.02 as the legal BAC for minors. Commercial truck and bus drivers – BAC = 0.04 Most European nations have 0.05 as BAC Is a person’s ability to drive impaired if their BAC is below the legal limit? YES!

How much is too much? You can estimate your BAC based on your gender, size, and the number of drinks you’ve had. The definition of a ‘drink’ is 14 grams of alcohol. Many drinks served at bars, etc., have more than 14 grams. What are some things that might make the estimate off? How much you’ve eaten, personal differences in rate of alcohol elimination, etc. (Side note if question is asked: habitual drinkers may eliminate alcohol slightly faster than non-drinkers, but mostly they just tolerate/compensate for the effects of alcohol. Their BAC would be just slightly less than a similar non-drinker after the same number drinks.

What is the estimated BAC of … A 160 lb man who finished his 3rd drink 1 hour ago. A 120 lb woman who finished her 3rd drink 2 hours ago. A 180 lb man who finished his 5th drink 3 hours ago. 0.07 0.10 0.08 Note – these are levels 1 hour after last drink!

Sobriety Tests & Measuring BAC If a police officer suspects that an individual is under the influence of alcohol, they usually order the suspect to do a field sobriety test before conducting tests to measure BAC. Field sobriety tests usually rely on the fact that a person under the influence of alcohol has difficulty performing divided-attention tasks (i.e. walking or balancing in a certain way while also answering questions or following orders from police). Examples: walking heel-to-toe for a certain number of steps then turning in a requested direction One leg balance while counting aloud or answering questions

Sobriety Tests & Measuring BAC Sobriety tests often include a horizontal-gaze check. Intoxicated persons can have trouble smoothly following an object with their eyes and may show pronounced nystagmus (involuntary jerking of the eye) when the eye looks off to the side. Signs that a person may be intoxicated: Inability to smoothly follow a target with their eyes Onset nystagamus at angles (off center) of less than 45o Pronounced & sustained nystagamus at large angles off center

Sobriety Tests & Measuring BAC Breath Testing for BAC Remember that alcohol is eliminated from the body partly in exhaled breath. The alcohol in exhaled breath is proportional to blood alcohol concentrations, and so breath alcohol levels can be used to determine BAC. Modern breath tests are either fuel cell detectors or infrared detectors. Both tests are fully automated and require little expertise to use. Fuel cell breath tests use a chemical reaction (change of alcohol into acetic acid) to generate electricity. The stronger the current generated, the higher the alcohol concentration. Infrared light detectors shine a wavelength of light that is absorbed by alcohol through the breath sample. The more light that is absorbed, the greater the alcohol concentration. First breath test was the ‘drunk-o-meter’ in 1938! Breathalyzer was first widely adopted breath test, and made in 1954, started to phase out in 1970s.

Sobriety Tests & Measuring BAC Breath test accuracy The tests are accurate so long as they measure ‘deep breath’ alcohol. The machines are programmed to accept only large, sustained exhalations. The results might be artificially high if there is substantial ‘mouth alcohol’ from a recent drink, vomiting, or belching. Officers should ensure that suspects haven’t eaten or drank anything, vomited, or belched in the 15 minutes prior to the test. Two breath samples with similar readings taken several minutes apart is usually considered a robust test of BAC. Police can quickly call in to an ‘on-call’ judge to get a warrant. All they need is some evidence (irratic driving, smell of alcohol, blood shot eyes, etc. to provide probable cause)

Sobriety Tests & Measuring BAC Blood testing for BAC Breath tests are easier to administer on the side of the road than blood tests. However, if a suspect is being uncooperative, has already been arrested, or is in the hospital then police may prefer to do a blood test for BAC. Blood is collected from a suspect usually into a vial that already has anticoagulant and preservatives in it. Blood is then usually analyzed via gas chromatography. If ethanol is present, it will make a peak at a specific time; and the area/height of the peak will correspond to the concentration of alcohol. BAC tests are slightly more accurate. Why is acetate shown in this sample? (alcohol is broken into acetate)

Legal Considerations How are constitutional protections against self-incrimination and unreasonable search & seizure applied to DUI cases? All states follow an ‘implied consent’ law, which states that by driving on a public road you legally agree to submit to field sobriety and/or BAC tests when asked to do so. What happens if you refuse? Do police need a warrant? If you refuse, you will likely be taken to jail and have your license revoked for refusing the implied consent law. In addition, police can and most likely will obtain a warrant to test your BAC anyway. Police can quickly call in to an ‘on-call’ judge to get a warrant. All they need is some evidence (irratic driving, smell of alcohol, blood shot eyes, etc. to provide probable cause)

DWI Consequences in Texas Conviction Offense level Maximum fine Maximum Jail Max license suspension 1st DWI Class B misdemeanor $2000 180 days 1 year DWI with BAC > 0.15 Class A misdemeanor $4000 2nd DWI 2 years 3rd DWI 3rd degree felony $10,000 10 years Intoxication manslaughter 2nd degree felony DWI with child passenger State jail felony Commerical drivers who get 2 DWIs will be banned from driving commercial vehicles for life.