Alcohol Interlock Curriculum:

1
Alcohol Interlock Curriculum

• Legal Concerns
• Handout

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Legal Concerns

• This section contains the following information
• Alcohol and the human body
• Mouth alcohol
• Food and the alcohol interlock
• Attributing breath samples to drivers
• Expert witness testimony
• Impact on family members
• Providing a sufficient breath sample
• Costs associated with the alcohol interlock
• Determining indigency
• Conclusions

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Alcohol and the human body

• Ingestible alcohol, known as ethyl alcohol or
  ethanol, is the type of alcohol that is found in
  a standard drink of beer, wine, or liquor.
• Ethanol is a central nervous depressant that
  enters the bloodstream after being ingested
  (typically orally) and absorbed within the body.
• Alcohol has an affinity for water. Brain tissue
  has a fairly high water content so it receives a
  substantial share of the distributed alcohol.

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Alcohol and the human body

• Research shows that the male body is about 68
  water the female body is about 55.
• Women also have more body fat alcohol is less
  soluble in fat.
• Therefore, when a man and woman drink exactly the
  same amount of alcohol under the same
  circumstances, the womans BAC will be higher
  because women have a lower water content and are
  generally smaller in size.

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Alcohol and the human body

• The majority of alcohol that is consumed is
  eliminated by the body through the process of
  metabolism. Most of this takes place in the
  liver.
• The speed at which this occurs can vary based on
  person and time. On average, a persons BAC will
  drop by 0.015 per hour.
• Once alcohol has been consumed, there is nothing
  that can be done to speed up the metabolism or
  the process of elimination.

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Mouth alcohol

• Offenders may claim that alcohol-positive
  readings are due to mouth alcohol in an effort to
  avoid sanctions.
• Consuming some foods, medication, or hygiene
  products immediately prior to taking the breath
  test can result in an alcohol-positive test.
• To avoid this problem, drivers should not to
  consume products with alcohol 5 minutes prior to
  providing a breath sample.
• Residual mouth alcohol will dissipate within a
  few minutes of consumption as it is absorbed into
  the body or taken up by saliva. Rinsing the mouth
  with water will also help remove traces of mouth
  alcohol.

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Food and the alcohol interlock

• Some foods (e.g., chocolate donuts, some breads)
  can produce endogenous (internally produced)
  alcohol.
• This alcohol is unlikely to be produced in
  sufficient quantities to result in an
  alcohol-positive breath sample.
• For example, an individual would be required to
  consume 3 lbs. of bread to reach a BAC equivalent
  to that of a single 12 oz. beer with 4 alcohol.

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Attributing breath samples to drivers

• It has not been possible to attribute the results
  of a specific breath test to a particular driver.
• Breath pulse, hum tone and similar features on
  some devices can limit the extent to which other
  drivers are able operate the vehicle as these
  techniques are difficult to master without
  receiving the proper instruction.
• Manufacturers are currently investigating various
  methods by which drivers could be accurately
  identified, such as picture identification.

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Expert witness testimony

• As a general rule, an expert is needed to testify
  when there is a need to discuss scientific,
  technical, or other specialized knowledge as part
  of a hearing or case.
• In making a determination about an expert there
  are several factors to consider
• First, there are court rules and case law in each
  state regarding what is required of an expert
  witness.
• Second, there is a requirement that the witness
  possess specialized knowledge that is relevant to
  the case. An expert can be someone that has,
  through education, experience, training, or
  observation, obtained the necessary knowledge on
  the topic over a reasonable period of time.

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Expert witness testimony

• It is important to determine the subject matter
  that the expert will testify about in order to
  identify a suitable candidate.
• Key questions to consider
• What are the persons qualifications or
  credentials?
• Where did they gain their knowledge or
  experience?
• Has the person conducted research in this area?
  What kind of research?
• Has the person authored peer reviewed articles or
  studies about alcohol interlock devices?
• Does the person possess any licenses or
  certificates demonstrating their knowledge or
  expertise?
• Has the person previously been an expert witness
  in the courtroom on this issue?

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Expert witness testimony

• Other issues that are not related to specialized
  expertise may include
• Whether the witness is articulate
• Whether the witness can effectively convey
  relevant expertise and,
• Whether the witness can be considered independent
  and/or unbiased.
• While not critical in most jurisdictions, some
  states expect that the witness is independent.
• A person that is employed by or receives income
  from a company that makes alcohol interlock
  devices may not be considered independent and
  unbiased.

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Impact on family members

• An alcohol interlock may be an inconvenience to
  family members, particularly in a single-vehicle
  family.
• Research suggests that family members generally
  agree that the inconvenience of using the alcohol
  interlock device is a preferred alternative to
  other sanctions (Beirness et al. 2007).
• Some families report that the device has had
  positive benefits for family life as a result of
  the offenders reduced drinking.

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Providing a sufficient breath sample

• NHTSA standards in the U.S. require a minimum of
  1.5 litres of breath.
• Even offenders who suffer from asthma can provide
  a sufficient sample for testing and devices can
  be adjusted to require a reduced volume.
• A U.S. study of more than 1,500 spirometer (lung
  capacity) tests found that approximately 2.5 of
  adults would be medically incapable of delivering
  an appropriate sample at this volume (Patton
  2007).
• Offenders who have undergone a tracheotomy, have
  chronic pulmonary disease, or other severe
  breathing disorders may encounter difficulty
  providing a sufficient sample.

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Costs

• The cost to offenders to have the alcohol
  interlock device installed is approximately US
  70.00 and between US 60.00 and 90.00 per month
  for monitoring.
• The cost of this sanction is 3.00-4.00 per day
  (or the cost of a drink).
• In some jurisdictions, these costs may be
  defrayed by the courts by allocating a portion of
  the fine towards these costs or by
  waiving/reducing fines.
• In a few states indigent funding schemes are
  already in place and more programs are moving in
  this direction (e.g., New Mexico).

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Determining indigency

• For those states with funding for indigent
  offenders, there is no standard strategy to
  determine indigency.
• Strategies may include
• discretion of the court (e.g., TX)
• qualification for a public defender (e.g., MN)
• qualification for food stamps (e.g., was
  considered in CO)
• Federal poverty guidelines (e.g., MI)
• State definition of financial hardship or
  according to salary level (e.g., MD).

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Conclusions

• Legal challenges are commonly raised by defence
  counsel and often involve trying to provide
  alternate explanations for alcohol-positive
  readings.
• These explanations can relate to how alcohol is
  metabolized in the body, mouth alcohol, the way
  that foods produce positive readings, and how
  other drivers may be responsible for positive
  readings.
• Alcohol is metabolized in the body through the
  stomach and into the bloodstream. It is then
  distributed throughout the body.
• Once alcohol is consumed, there is nothing that
  can be done to speed up the metabolism of the
  process of elimination.

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Conclusions

• In order to avoid a positive reading as a result
  of mouth alcohol, individuals should avoid
  consuming any food, medications, or hygiene
  products prior to providing a breath sample.
• Some foods (e.g., chocolate donuts or bread) can
  produce endogenous alcohol but it is unlikely
  that it will be produced in sufficient quantities
  to result in a positive sample.
• Breath samples cannot be attributed to individual
  drivers at present. Photo identification devices
  are currently being tested.
• An expert witness may be necessary in court
  hearings to testify to the reliability of alcohol
  interlocks. Experts should have specialized
  knowledge of the device. They should not have a
  vested interest in trial outcomes.

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Conclusions

• Research has demonstrated that the alcohol
  interlock is not an inconvenience to family
  members and instead is viewed as having positive
  benefits (Beirness et al. 2007).
• Almost all individuals are able to provide
  sufficient breath samples under the current
  guidelines (1.5 litres). A doctor can determine a
  persons capacity to comply with the breath
  volume requirement.
• The daily cost of the alcohol interlock is
  approximately 3.00-4.00 which makes it an
  affordable option for most individuals.
• Currently, there is no standard strategy utilized
  to determine indigency and different states have
  developed their own measures.
• Offenders should not be precluded from
  participation because of cost.

13.05.2009