Law- Endogenous Ethanol Does Exist

Dr. Hlastala had cited in testimony that a read produced by a SCRAM bracelet appeared to look more like alcohol produced in the body, the article research I had done was vast, but none showed a BAC level, Lawrence Taylor's search on the other hand...

Two physicians at Union Memorial Hospital in Baltimore reported they smelled beer in three of their patients. They were in an isolated hospital setting and there was no access to alcoholic beverages. The doctors tested the patients urine by gas chromatology, and all three tested positive. Two were tested for BAC (not BrAC), one of the patients results- .043%, which could and would be detected by any alcohol detecting device. The third patient, .121%, without even consuming alcohol this person would be arrested and convicted in all fifty states. A confirmation test, if tested for alcohol would only secure the prosecution.

I wonder if metabolites would differ since the alcohol was not consumed, but produced in the system, other studies show:
The presence of alcohol in human specimens containing glucose and yeast should come as no surprise...Several have made this observation. Under normal circumstances trace amounts of alcohol may be found in the blood; the alcohol is then channeled into an energy pathway by hepatic alcohol dehydrogenase...

The Japanese report the "auto brewery syndrome" in which they have seen middle aged patients with bowel abnormalities, most often after surgery, who have yeast overgrowth, usually candida, in the G.I. tract and who ferment ingested carbohydrates, producing enough alcohol to result in drunkeness. Mullholland and Townsend, "Bladder Beer - A New Clinical Observation", 95 Transactions of the American Clinical Climatological Association 34 (1983).

Drunkeness without a drink...

Increasing evidence has emerged to show that endogenous ethanol does exist, and the concentrations seen have large inter-individual variations. Our results show a markedly skewed distribution of values...The reason for the wide inter-individuaal variation in healthy abstaining individuals is hard to explain. Jones et al., "Determination of Endogenous Ethanol in Blood and Breath By Gas Chromatography", 18 Pharmacology, Biochemistry and Behavior 267 (1983).

So if your body produces .04%, and you consume two beers then drive before equilibrium, you will be well above the "legal limit", intoxicated or not thanks to "per se" laws a conviction after an arrest is inevitable. Now if one were wearing SCRAM, no drinking necessary and your probation will be revoked or extended$$$. Ignition Interlock introduces a host a problems. An emergency, say a child needs stitches or broke a bone, you may bi-pass the system but the vehicle will honk and the lights will flash all the way to the E.R., making you suspicious to law enforcement. Knowing you did not drink and the emergency eclipsing the problem with the interlock, can land you with more of the same. Amazing our forefathers had already been subject to this type of tyranny, and insisted on this Right to Privacy thing, imagine if they seen what is happening in the modern world!

"We may wind up in this country going to zero tolerance, period." —U.S. Senator and MADD lackey Barbara Boxer (D-CA)

"I believe that most people would not mind the slight
inconvenience of being arrested for a low blood-alcohol
level, given the opportunity to prove their innocence …"53
Linda Campion, MADD presenter and founder of the Kathleen A. Campion Foundation

http://www.duiblog.com/2006/03/01#a355