DUI Defenses

• Possible DUI Defenses
• Possible Defenses to the DUI Breath/Blood Test
• Beating the DUI Breath/Blood Test (see below)
• Successfully Challenging the Blood Test (.pdf)
• DUI Exception to the United States Constitution
• Prosecutor’s Guide to Drugs (.pdf)

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Beating the DUI Breath/Blood Test

(Areas of Expert Testimony)

• 1. For DUI cases based on breath alcohol analysis e.g. with DataMaster instrument:
  • 1.1 The BAC of an individual can be greatly overestimated (as much as 100%) by DataMaster results.
  • 1.1.1 In over 2,400 drivers stopped for DUI, 10% to 20% had their BACs were overestimated by breath test results results, where both blood and breath alcohol were determined at about the same time.
  • 1.1.2 Likely identity of drivers in this group.
• 1.2 Factors Affecting the Movement of Alcohol from Blood to Breath
  • 1.2.1 Sample time of breath
  • 1.2.2 Hematocrit of blood
  • 1.2.3 Lung capacity and lung function
  • 1.2.4 Body and breath temperature
  • 1.2.5 Breathing pattern before and during blow
  • 1.2.6 Blood pressure
• 1.3 Factors Responsible for Alcohol Contamination of Breath Samples
  • 1.3.1 The “atomizer” effect
  • 1.3.2 Burping and belching
  • 1.3.3 Vomiting (Regurgitation)
  • 1.3.4 Blood and saliva
  • 1.3.5 Food in the mouth
  • 1.3.6 Absorption and adsorption of alcohol by foreign objects
• 2. For DUI cases based on direct blood alcohol analysis for BAC:
  • 2.1 Gas chromatography (GC) determinations
  • 2.2 Alcohol dehydrogenase enzyme determinations
  • 2.3 Differences for whole blood, plasma and serum
  • 2.4 Sample collection and storage issues
• 3. For DUI cases based on EITHER breath analysis or direct blood analysis:
  • 3.1 Factors Affecting Estimation of Amount of Alcohol Consumed
  • 3.1.1 Alcohol content of alcoholic beverages
  • 3.1.2 Serving size of alcoholic beverages
• 3.2 Factors Affecting the Rate of Stomach Emptying of Alcohol
  • 3.2.1 Eating a large meal with spices, fat and/or protein
  • 3.2.2 Drinking alcohol beverages
  • 3.2.3 Drinking repeatedly, over a long tine versus one day
  • 3.2.4 Drinking alcoholic beverages regularly (daily)
  • 3.2.5 Inactivity, including sleep
• 3.3 Factors Affecting the Rate of Alcohol Metabolism
  • 3.3.1 Drinker versus Non-Drinker
  • 3.3.2 Age effect on rate of alcohol metabolism
  • 3.3.3 Sex differences on rate of metabolism
• 3.4 Estimation of Blood Alcohol Concentration (BAC) Based on Testimony
  • 3.4.1 Correction for alcohol metabolism
  • 3.4.2 Estimation of BAC corrected for alcohol metabolism
• 3.5 Factors Affecting Neurologic Status in DUI Cases
  • 3.5.1 Relationship of blood alcohol levels to neurologic symptoms
  • 3.5.2 Relationship of blood alcohol levels to performance on field sobriety tests
  • 3.5.3 Other neurologic and/or medical conditions similar in appearance to alcohol intoxication
  • 3.5.4 Alcohol and drug interactions

The above outline contributed by:
Lawrence W. Masten, PhD, DABT, RAC,
Board Certified Toxicologist
SunBrite@compuserve.com
866-329-9262