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Understanding Ethanol: Effects and Legal Limits

Explore the toxic effects of prenatal alcohol exposure and the laws related to driving under the influence of alcohol. Learn about the rapid absorption of alcohol in the bloodstream and its impact on the central nervous system.

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Understanding Ethanol: Effects and Legal Limits

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  1. Alcohol Alcohol—Ethyl Alcohol (C2H5OH)

  2. Effects of Prenatal Alcohol

  3. FAS Child

  4. Mouse – Scanning EM

  5. Ethanol • Ethanol, like all alcohols, is toxic. • Its principal effect is on the central nervous system (CNS), specially the brain. • Alcohol starts circulating in the bloodstream throughout the body almost immediately after consumption. Kendall/Hunt Publishing Company

  6. Alcohol—Ethyl Alcohol (C2H5OH) • Toxic—affecting the central nervous system, especially the brain • Colorless liquid, generally diluted in water • Acts as a depressant • Alcohol appears in blood within minutes of consumption; 30-90 minutes for full absorption • Detoxification—about 90% takes place in the liver • About 5%is excreted unchanged in breath, perspiration and urine Kendall/Hunt Publishing Company

  7. The most commonly abused drug in the U.S. is alcohol. • Since it is not illegal, it was not included with drugs. • However, when alcohol is combined with the act of driving, it can become illegal. Kendall/Hunt Publishing Company

  8. Statistical analysis of auto accidents has shown that the likelihood of being involved in an accident increases greatly when the driver is under the influence of alcohol. • About 40% of all traffic deaths are alcohol-related. • 17,013 deaths in 2003 and more than 2 million accidents! • This has been the justification and has led the government to pass laws against driving while intoxicated (DWI or DUI). Kendall/Hunt Publishing Company

  9. At first, the problem was that it was very difficult to prove that a person was intoxicated. • In 1939 Indiana passed the first per se alcohol laws. • Per se is a Latin term meaning “in itself.” • The Indiana law defined driving while intoxicated as having a blood alcohol content (BAC) above a specific value. • Nowadays the limit for DWI has been set at the federal level at 0.08%. Kendall/Hunt Publishing Company

  10. The value of 0.08% was determined by analyzing the BAC of drivers involved in automobile accidents. • At a level of 0.08% a driver is 4times as likely to be involved in a car accident. Kendall/Hunt Publishing Company

  11. New York State uses the following criteria: • BAC – Blood alcohol content or concentration • DWI – driving while intoxicated; 0.08 BAC or higher or other evidence of intoxication • DWAI – driving while ability impaired (by alcohol); 0.05 BAC to 0.07 BAC, or other evidence of impairment. • DWAI/Drugs – driving while ability impaired (by a drug that is not alcohol) • Chemical test refusal – A driver who refuses to take a chemical test (normally a test of breath, blood, or urine) can receive a drive license revocation and must pay a $300 civil penalty ($350 for a driver of commercial vehicles) to apply for a new driver license. A driver who refuses a chemical test during the 5 years after a DWI-related charge will have their driver license revoked for 1 year and must pay a $750 civil penalty to apply for a new driver license. • Zero tolerance law – A drive who is less than 21 years of age and who drives with a 0.02 BAC to 0.07 BAC violates the zero tolerance law. Kendall/Hunt Publishing Company

  12. § 32-5A-191. Driving under the influence.Statute text- Alabama • (a) A person shall not drive or be in actual physical control of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance to a degree which renders him or her incapable of safely driving; (4) Under the combined influence of alcohol and a controlled substance to a degree which renders him or her incapable of safely driving; or Kendall/Hunt Publishing Company

  13. (5) Under the influence of any substance which impairs the mental or physical faculties of such person to a degree which renders him or her incapable of safely driving. Kendall/Hunt Publishing Company

  14. (b) A person who is under the age of 21 years shall not drive or be in actual physical control of any vehicle if there is .02 percentage or more by weight of alcohol in his or her blood. The Department of Public Safety shall suspend or revoke the driver's license of any person, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection. Notwithstanding the foregoing, upon the first violation of this subsection by a person whose blood alcohol level is between .02 and .08, the person's driver's license or driving privilege shall be suspended for a period of 30 days in lieu of any penalties provided in subsection (e) of this section and there shall be no disclosure, other than to courts and law enforcement agencies, by any entity or person of any information, documents, or records relating to the person's arrest, conviction, or adjudication of or finding of delinquency based on this subsection. Kendall/Hunt Publishing Company

  15. All persons, except as otherwise provided in this subsection for a first offense, including, but not limited to, a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding of delinquency based on this subsection shall be fined pursuant to this section, notwithstanding any other law to the contrary, and the person shall also be required to attend and complete a DUI or substance abuse court referral program in accordance with subsection (i). Kendall/Hunt Publishing Company

  16. (c) A school bus or day care driver shall not drive or be in actual physical control of any vehicle while in performance of his or her duties if there is greater than .02 percentage by weight of alcohol in his or her blood. A person convicted pursuant to this subsection shall be subject to the penalties provided by this section except that on the first conviction the Director of Public Safety shall suspend the driving privilege or driver's license for a period of one year. Kendall/Hunt Publishing Company

  17. (d) The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a controlled substance shall not constitute a defense against any charge of violating this section. Kendall/Hunt Publishing Company

  18. (e) Upon first conviction, a person violating this section shall be punished by imprisonment in the county or municipal jail for not more than one year, or by fine of not less than six hundred dollars ($600) nor more than two thousand one hundred dollars ($2,100), or by both a fine and imprisonment. In addition, on a first conviction, the Director of Public Safety shall suspend the driving privilege or driver's license of the person convicted for a period of 90 days. Kendall/Hunt Publishing Company

  19. (f) On a second conviction within a five-year period, a person convicted of violating this section shall be punished by a fine of not less than one thousand one hundred dollars ($1,100) nor more than five thousand one hundred dollars ($5,100) and by imprisonment, which may include hard labor in the county or municipal jail for not more than one year. The sentence shall include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety shall revoke the driving privileges or driver's license of the person convicted for a period of one year. Kendall/Hunt Publishing Company

  20. g) On a third conviction, a person convicted of violating this section shall be punished by a fine of not less than two thousand one hundred dollars ($2,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment, which may include hard labor, in the county or municipal jail for not less than 60 days nor more than one year, to include a minimum of 60 days which shall be served in the county or municipal jail and cannot be probated or suspended. In addition, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of three years. Kendall/Hunt Publishing Company

  21. (h) On a fourth or subsequent conviction, a person convicted of violating this section shall be guilty of a Class C felony and punished by a fine of not less than four thousand one hundred dollars ($4,100) nor more than ten thousand one hundred dollars ($10,100) and by imprisonment of not less than one year and one day nor more than 10 years. Any term of imprisonment may include hard labor for the county or state, and where imprisonment does not exceed three years confinement may be in the county jail. Where imprisonment does not exceed one year and one day, confinement shall be in the county jail. The minimum sentence shall include a term of imprisonment for at least one year and one day, provided, however, that there shall be a minimum mandatory sentence of 10 days which shall be served in the county jail. The remainder of the sentence may be suspended or probated, but only if as a condition of probation the defendant enrolls and successfully completes a state certified chemical dependency program recommended by the court referral officer and approved by the sentencing court. Where probation is granted, the sentencing court may, in its discretion, and where monitoring equipment is available, place the defendant on house arrest under electronic surveillance during the probationary term. In addition to the other penalties authorized, the Director of Public Safety shall revoke the driving privilege or driver's license of the person convicted for a period of five years. Kendall/Hunt Publishing Company

  22. Any law to the contrary notwithstanding, the Alabama habitual felony offender law shall not apply to a conviction of a felony pursuant to this subsection, and a conviction of a felony pursuant to this subsection shall not be a felony conviction for purposes of the enhancement of punishment pursuant to Alabama's habitual felony offender law. Kendall/Hunt Publishing Company

  23. (i) In addition to the penalties provided herein, any person convicted of violating this section shall be referred to the court referral officer for evaluation and referral to appropriate community resources. The defendant shall, at a minimum, be required to complete a DUI or substance abuse court referral program approved by the Administrative Office of Courts and operated in accordance with provisions of the Mandatory Treatment Act of 1990, Sections 12-23-1 to 12-23-19, inclusive. The Department of Public Safety shall not reissue a driver's license to a person convicted under this section without receiving proof that the defendant has successfully completed the required program. Kendall/Hunt Publishing Company

  24. j) Neither reckless driving nor any other traffic infraction is a lesser included offense under a charge of driving under the influence of alcohol or of a controlled substance. Kendall/Hunt Publishing Company

  25. (k) Except for fines collected for violations of this section charged pursuant to a municipal ordinance, fines collected for violations of this section shall be deposited to the State General Fund; however, beginning October 1, 1995, of any amount collected over two hundred fifty dollars ($250) for a first conviction, over five hundred dollars ($500) for a second conviction within five years, over one thousand dollars ($1,000) for a third conviction within five years, and over two thousand dollars ($2,000) for a fourth or subsequent conviction within five years, the first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter, the second one hundred dollars ($100) of that additional amount shall be deposited in the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs and the remainder of the funds shall be deposited to the State General Fund. Fines collected for violations of this section charged pursuant to a municipal ordinance shall be deposited as follows: The first three hundred fifty dollars ($350) collected for a first conviction, the first six hundred dollars ($600) collected for a second conviction within five years, the first one thousand one hundred dollars ($1,100) collected for a third conviction, and the first two thousand one hundred dollars ($2,100) collected for a fourth or subsequent conviction shall be deposited to the State Treasury with the first one hundred dollars ($100) collected for each conviction credited to the Alabama Chemical Testing Training and Equipment Trust Fund and the second one hundred dollars ($100) to the Impaired Drivers Trust Fund after deducting five percent of the one hundred dollars ($100) for administrative costs, and the balance credited to the State General Fund. Any amounts collected over these amounts shall be deposited as otherwise provided by law. Kendall/Hunt Publishing Company

  26. (l) A person who has been arrested for violating this section shall not be released from jail under bond or otherwise, until there is less than the same percent by weight of alcohol in his or her blood as specified in subsection (a)(1) or, in the case of a person who is under the age of 21 years, subsection (b) hereof. Kendall/Hunt Publishing Company

  27. (m) Upon verification that a defendant arrested pursuant to this section is currently on probation from another court of this state as a result of a conviction for any criminal offense, the prosecutor shall provide written or oral notification of the defendant's subsequent arrest and pending prosecution to the court in which the prior conviction occurred. Kendall/Hunt Publishing Company

  28. (n) When any person over the age of 21 years is convicted pursuant to this section and a child under the age of 14 years was present in the vehicle at the time of the offense, the defendant shall be sentenced to double the minimum punishment that the person would have received if the child had not been present in the motor vehicle. Kendall/Hunt Publishing Company

  29. o) Any person convicted of driving under the influence of alcohol, or a controlled substance, or both, or any substance which impairs the mental or physical faculties in violation of this section, a municipal ordinance adopting this section, or a similar law from another state more than once in a five year period shall have his or her motor vehicle registration for all vehicles owned by the repeat offender suspended by the Alabama Department of Revenue for the duration of the offender's driver's license suspension period, unless such action would impose an undue hardship to any individual, not including the repeat offender, who is completely dependent on the motor vehicle for the necessities of life, including any family member of the repeat offender and any co-owner of the vehicle. Kendall/Hunt Publishing Company

  30. A blood sample can be withdrawn from a suspected drunk driver and analyzed by gas chromatography to determine their BAC. Kendall/Hunt Publishing Company

  31. Does the removal of blood from a person for BAC analysis violate their Fifth Amendment rights? • Article V: No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be take for public use, without just compensation. Kendall/Hunt Publishing Company

  32. Schmerber v. California • In this case, the U.S. Supreme Court considered the case of an individual who had been arrested for drunk driving while receiving treatment for injuries in a hospital. • During his treatment, a police officer ordered a doctor to take a blood sample which indicted that Schmerber had been drunk while driving. Kendall/Hunt Publishing Company

  33. The blood test was introduced as evidence in court, and Schmerber was convicted. • The U.S. Supreme Court decided that the Fifth Amendment referred only to testimonial evidence. • The court ruled that the collection of blood, breath, saliva, or urine to determine a suspect’s BAC doesnot violate the suspect’s Fifth Amendment rights. • A defendant cannot be required to testify against himself. Kendall/Hunt Publishing Company

  34. The BAC in the arterial system is much greater than that in the venous system while alcohol is still being absorbed by the body. • This absorption can take between 30 and 90 minutes, and during this time the BAC in the arterial system can be more than 40% greater than that in the venous system. • Since blood is withdrawn from the venous system, this can result in an incorrectly low BAC value. Kendall/Hunt Publishing Company

  35. Rate of Absorption of Alcohol and the BAC is dependent on: • 1. quantity of alcohol consumed • 2. the alcohol content of the beverage • 3. time over which the alcohol was consumed • 4. contents of the stomach • 5. physiology/gender of the consumer Kendall/Hunt Publishing Company

  36. The more alcohol a person consumes, the faster it is absorbed into the bloodstream. . . • Also, the faster it is consumed, the faster it enters the bloodstream. • If the alcohol is in a purer form, like vodka, it is absorbed faster than if it is a more complicated mixture, like beer. Kendall/Hunt Publishing Company

  37. The contents of the stomach are one of the most important factors in determining the rate of absorption and what maximum BAC value a person will reach. • Most of the absorption of alcohol by the body occurs in the small intestine. • The presence of food causes the stomach to delay emptying its contents into the small intestine, which can significantly increase the time it takes for the blood to reach its maximum BAC value. Kendall/Hunt Publishing Company

  38. The body eliminates alcohol by excretion and oxidation. • Excretion occurs by breathing, sweating, and urination. • Oxidation occurs in the liver. • About 98% of the alcohol in the body is turned into carbon dioxide and water by the liver. • The rate of elimination is constant and can be calculated by the formula: • Rate of elimination = 0.01 + 0.014 (weight/300lb) Kendall/Hunt Publishing Company

  39. This works out to be about 0.015% per hour. • Standard tables are used to calculate what your maximum BAC will be based on your body weight and the number of drinks (quantity of alcohol) you have consumed. Kendall/Hunt Publishing Company

  40. One drink is defined as having ½ oz of pure ethyl alcohol: • Each of the following is considered one drink: • 10 oz to 12 oz of beer at 4% to 5% alcohol • 8 oz t 12 oz wine cooler at 4% to 6% alcohol • 4 oz to 5 oz table wine at 9% to 12% alcohol • 2.5 oz of fortified wine at 20% alcohol • 1.25 oz of 80 proof distilled spirits at 40% alcohol • 1 oz of 100 proof distilled spirits at 50% alcohol • All after 1 hour drinking Kendall/Hunt Publishing Company

  41. How to Calculate Your Blood Alcohol animated Kendall/Hunt Publishing Company

  42. How to Calculate Your BAC Kendall/Hunt Publishing Company

  43. BACBlood Alcohol Content • Expressed as percent weight per volume of blood • Legal limits in all states is 0.08% • Parameters influencing BAC: • Body weight • Alcoholic content • Number of beverages consumed • Time between consumption Kendall/Hunt Publishing Company

  44. BAC - Burn off rate of 0.015% per hour but can vary quite a bit: • Differences in the constants between men and women comes largely from differences in body water content. • Male BAC male = 0.071 x (oz) x (% alcohol) body weight • Female BAC female = 0.085 x (oz) x (% alcohol) body weight Kendall/Hunt Publishing Company

  45. For example, what would be the approximate BAC of a 185 pound man who has consumed three shots (1.5 oz each) of Jack Daniels (80 proof = 40% alcohol) in an hour? • BAC male = 0.071 X 4.5 X 40 = 0.07 185 Kendall/Hunt Publishing Company

  46. Is it all right for him to drive home? • No, although he is not legally drunk, his reactions and perceptions have been distorted so that he would be considered a hazard. • Just because a BAC level is found to be below 0.08 does not mean the driver is not impaired! Kendall/Hunt Publishing Company

  47. Kendall/Hunt Publishing Company

  48. Kendall/Hunt Publishing Company

  49. DUI Drunk Driving Blood Alcohol Content BAC Calculator Lawyers Breath Alcohol Concentration Attorneys Kendall/Hunt Publishing Company

  50. The BAC can be determined by a breath test because about 5% of the ethanol leaves the body unchanged in breath, perspiration, and urine. • The concentration in breath is proportional to that in the blood, according to Henry’s Law. • This law is the scientific basis of breath test instruments. • The distribution of alcohol between blood and air expelled deeply from the lungs has been experimentally set at 2,100. • One mL of blood will contain the same amount of alcohol as 2,100mL of breath. Kendall/Hunt Publishing Company

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