Thursday, July 27, 2006

Law: Is EtG Testing the Answer (part 2)

I stumbled on this theory when I saw ethynyl estradiol caused fasle-positives, ethynyl made sense but estradiol? Today, the vast majority tested with this seem to be women, yet the founding research was mostly men, which leaves me to believe Dr. Skipper (responsible for bringing EtG testing to the U.S.) after dubbing it an absolute bio-marker of alcohol consumption despite gender bias research, was well aware of gender bias and/or the possibility of, and his continued stride to use the test while custody, liberty and livelihood are purloined by the claims of surrepititious drinking only add verocity to my assumption. His newest little study inspired some more research of my own to corroborate with my hypothesis, or prove it wrong. I found in conjunction with my gender bias thoery," But, when normalized for total body water, women metabolize ethanol 33% faster than men, due to a proportionally larger liver." Accelerated UGT1A1 (primary enzyme responsible for production of EtG, stimulated by necessity) expression due to the elimination of E2 (natural estrogen, estradiol), ADH (first pass, first elimination of ethanol) less prevalent among, and a proportionally larger liver logically equals a hyperproducer. Dr. Skipper has started a research protocol to establish how these false-positives are occuring. The list of contaminents range from anything that has the molecular structure of ethanol such as vinegar, foods cooked with wine, even over ripened fruit, and an inhalation issue has been raised as well. If this test is positive for anything that had the molecular structure of ethanol such as vinegar, any substance in the "meth" catagory would as well create a false-positive. It is also noted that Tylenol may create false-positives, most likely due to the fact that it as well as many over-the-counter remedies are methylated (1.To mix or combine with methyl alcohol. 2.To combine with the methyl radical.), yet his protocol states:
Some individuals have tested positive for EtG but deny drinking. There are only threepossibilities for this phenomenon.
1. They are being dishonest or in denial and they actually consumed beverage alcohol
2. They are being honest and are not in denial but consumed “incidental” alcohol(from OTC meds, food, hygiene products, or other).
3. They produced alcohol in the GI tract in sufficient quantity to trigger a positivetest. (This is only a theoretical possibility at this time and hasn’t beendocumented.)
Endogenous- ADH is known to eliminate a small percentage of endogenous alcohol, how does the Doc believe the remainder is eliminated? True, .02 is a high endogenous level, but not as uncommon as one might think with certain food combinations (chocolate doughnut), which again would stimulate 1A1 expression leaving one vulnerable to outside influence and adding to the existing EtG. Make no mistake, the only possibility for this phenomenom is the vast amount of contaminents in corroboration with the lack of research on such contaminents, hyperproducers etc... and hiding behind the facade of the virtuous goal of identifying these secret drinkers. I am confident the majority of claims of erroneous reads are not "surrepititious drinking" as the Dr. would have you think, again referring to the list of contaminents and incredible amount of claims, Bayes Rule applies, and of course common sense.
Impressive is the fact that Skipper is going to conduct tests in a supervised setting:
Auto-Brewery Syndrome Test Protocol
(May be performed initially in an unsecured setting, however, for forensic purposes thetest should be performed (or repeated) in a secure environment (search belongings, in asecurely supervised setting where no ethanol is available, etc))
Well skeptics say this has been done before, and they continue to impute guilt rather than address the seemingly obvious. It has been said that one study was conducted with nuns and a regular rinse with mouthwash, when one tested positive they stated that self-reports of consumption are usually not reliable, so the nun lied.

Thursday, July 13, 2006

LAW: "Horizontal Gaze Nystagmus"- The Eye Test

The "Horizontal Gaze Nystagmus", one of the most recent additions to the field sobriety test, and increasingly used amongst law enforcement, has been proven a fallacy time and time again, yet it can and will be used against you in the court of law. It has been said blood sugar, caffeine intake and nervousness are ingredients for failure. Not only is it fundamentally flawed but it is rarely administered by officers properly.The Horizontal Gaze Nystagmus (HGN) test was conceived, developed and promulgated as a simple procedure for the determination of the blood alcohol concentration of drivers suspected of driving while intoxicated (DWI). Bypassing the usual scientific review process and touted through the good offices of the federal agency responsible for traffic safety, it was rushed into use as a law enforcement procedure, and was soon adopted and protected from scientific criticism by courts throughout the United States. In fact, research findings, training manuals and other relevant documents were often held as secrets by the state. Still, the protective certification of its practitioners and the immunity afforded by judicial notice failed to silence all the critics of this deeply flawed procedure....In 2001 new research indicated that the Horizontal Gaze Nystagmus (HGN), the cornerstone of the test battery was fundamentally flawed and that the HGN test was improperly conducted by more than 95% of the police officers who used it to examine drivers suspected of driving while intoxicated.This summary critique demonstrates that it is scientifically meretricious and that the United States Department of Transportation indulged in deliberate fraud in order to mislead the law enforcement and legal communities into believing the test was scientifically meritorious and overvaluing its worth in the context of criminal evidence....(1)Again, not accepted by the scientific community, yet crucial evidence to the legal community, deliberate fraud they say. The final quote from my resource states,"...silence from the scientific community cannot be considered an endorsement of the program."(2)Some quotes:"Using nystagmus as an indicator of alcohol intoxication is an unfortunate choice, since many normal individuals have physiologic end-point nystagmus...Without a neuro-opthalmologist or someone knowledgeable about sophisticated methods of eye movement recordings, it is difficult to determine whether the nystagmus is pathologic. It is unreasonable that such difficult judgments have been placed in the hands of minimally trained officers. Dell'Osso, "Nystagmus, Saccadic Intrusions, Oscillations and Oscillopsia", 147 Current Neuro-Opthalmology 147.""Nystagmus can be caused by problems in an individual's inner ear.... Physiological problems such as certain kinds of diseases can result in gaze nystagmus....Furthermore, conditions such as hypertension, motion sickness, sunstroke, eyestrain, eye muscle fatigue, glaucoma, and changes in atmospheric pressure may result in nystagmus. The consumption of common substances such as caffeine, nicotine, or aspirin also lead to nystagmus almost identical to that caused by alcohol consumption. State v. Witte, 836 P.2d 1110." (3)
1) (Booker, 144(3) Science and Justice 133-139, 2004),
2) http://www.duiblog.com/2006/06/28#a422
3) http://www.duiblog.com/2005/06/13#a198

Wednesday, July 12, 2006

PBT: Daubert vs. Daubert

Sharper Image agreed to stop selling personal breath test devices and pay $1.2 million in restitution as a part of a settlement regarding the device. The company claimed the "Digital Breath Alcohol Tester" was accurate to .001 percent BAC, they are also to pay $100,000 in penalties for the ficticious claims. Apparently a city employee compared the results with one used by the cities police department, which only leaves unanswered questions-Was RFI involved in either of the reads?Is this employee qualified to use them? Do they understand mouth alcohol and the time it dissipates?Was either PBT right?How does one know the police issued machine is the correct? Even if a device is specific to alcohol, it most likely is not specific to ethanol, and some other forms of alcohol last longer and will trigger an erroneous read. The list goes on, but as pointed out through much research and past posts/links here, there are too many factors when measuring the contents of blood by breath, to ever get an accurate read! Partition ratio, RFI, endogenous, food combinations, mouth alcohol, equilibrium, breathing, calibration............
http://www.businessweek.com/ap/financialnews/D8INE6780.htm?sub=apn_news_down&chan=dbhttp://www.martinrothonline.com/personalhealthmonitor/ http://www.montereyherald.com/mld/montereyherald/news/breaking_news/14989509.htm