Perhaps you're feeling particularly bored during that jury trial, or just want to catch up on your scientific reading; if so, here are links to some academic articles dealing with various DWI subjects. The links are to an abstract of the actual research article which summarizes the findings of, in some cases, very lengthy detailed research articles. If you want to read the complete abstract or locate the journal citation for the entire article, the links provide access to PubMed, an online research service of the U.S. National Library of Medicine and the National Institutes of Health.
- A new breath alcohol (ethanol) analyzer has been developed, which allows free exhalation, standardizes measured exhaled alcohol concentration, and includes a built-in self-calibration system. The obvious advantage of this new system is its use of free exhalation to measure breath alcohol instead of requiring and subject to produce deep lung air. The conclusion of the study is, "We conclude that this new breath analyzer using free exhalation has a high precision for in vivo testing. The BrAC reflects very accurately ABAC [arterial blood alcohol concentration] in the post-absorption phase and substantially well in the absorption phase and thereby reflects the concentration of alcohol reaching the brain. Our findings highlight the magnitude of arterio-venous differences in alcohol concentration and support the use of breath alcohol analyzers as a stand-alone test for medical and legal purposes." See more here.
- The possible effect of the reflux of stomach alcohol as a result of burping, belching, or some other process that reintroduces stomach alcohol into the mouth continues to be a source of contention in some jury trials. This research looks at the most extreme form of reflux, known as Gastroesophageal Reflux Disease (GERD), and determines that the risk of alcohol erupting from the stomach into the mouth owing to gastric reflux and falsely increasing the result of an evidential breath-alcohol test is highly improbable. See more here.
- For those of you who are seeing an increase in blood draw search warrants, here is an article that confirms that blood-alcohol concentrations in the drawn blood will always be consistently higher than those reported by the taking of deep lung air by the Intoxilyzer 5000S. See more here.
Interlock Update
A Breath Interlock Device May Not Be Imposed as a Condition of Granting an Occupational License
In a recent appeal from a Grayson County District Court order, the Dallas Court of Appeals ruled that a judge may not require a breath interlock device as a condition of granting an occupational drivers license because there is no statutory authority authorizing the imposition of that condition.
No. 05-07-01562-CV, JESSE EUGENE DELEON, Appellant v. THE STATE OF TEXAS, Appellee, On Appeal from the 336th District Court, Grayson County, Texas, Trial Court Cause No. 07-1647-336.
Interlock Orders
Prior to and in conjunction with the 2009 Criminal Justice Conference, the Texas Center for the Judiciary held its first ever all day, stand-alone Ignition Interlock Seminar in Dallas, Texas. The seminar included a review of Texas statutes and case law regarding orders imposing breath interlock devices, a discussion group with a panel of vendors discussing orders of removal, various urban myths regarding use of the device, and a chance for judges to use different substances in an effort to skew the results of their breath test (breath spray, breath mints, peanut butter, window cleaning fluid, bread, and other food items that have been rumored to affect the breath test). The judges were also given an opportunity to conduct roundtable discussions and exchange ideas regarding "best practices" for the imposition of orders requiring the installation a breath interlock device.
Tarrant County Criminal District Court Number One interns work on Texas Center DWI project
Thanks to Judge Sharen Wilson for allowing the Texas Center DWI project to benefit from the efforts of her summer interns. Nine students from Texas law schools visited Tarrant County courtrooms and learned first hand about the impact of impaired driving. The interns then compiled questions and answers based on the most common issues that arose during DWI trials. The Texas Center will take advantage of this research as it develops an online interactive DWI court trial for judicial training.
Interns: Front Row: Ryan Walters, Shawn Latchford, Tyler Goldthwaite and Susan Karngattil; Back row: Chad Gallman, Kendall Ray, Derek Cook, Chris Hills and Kama Lawrence.
Is It Possible to Inhale Alcohol Vapors from Your Urine Stream That Will Affect Your Breath Test Reading?
An Irish Judge thought so and we have provided you a link to the story so that you can form your own opinion. Seems to me, however, that if the defendant had ingested enough alcohol to make his urine permeated so as to emit vapors sufficient to affect the breath test, that alone should be conclusive proof of intoxication.
Texas Association of Drug Court Professionals Annual Conference and Operational Tune Up, September 24 – 26, 2009, Lubbock, Texas
Need to tune up your problem-solving court? Want to hear some of the experts in the field explain how to better run your court? Bring your team members to this outstanding training offered in Lubbock and gain 16 hours of continuing education relevant to your position in the problem-solving courts.
For more information on the conference, to register, and to become a member of TADCP, please visit the TADCP website: http://www.tadcp.org.
Drug Czar Kerlikowske Leads Shift in Drug Policy
On Monday, June 15, NPR’s Morning Edition featured a story about the new Director of the Office of Drug Control Policy, Gil Kerlikowske. It also featured Director Kerlikowske’s visit to an Orange County veteran’s drug court. You can find the story here.
This newsletter has been provided by the Texas Center for the Judiciary pursuant to a grant from TxDOT. If you have suggestions for items to be included in this Newsletter, or wish to be removed from the Newsletter mailing list, please contact:
Judge David L. HodgesJudicial Resource Liaison
dhodges@yourhonor.com