Citation

Gruener O, Ludwig O, Rockenfeller K. Blutalkohol 1980; 17(1): 26-38.

Copyright

(Copyright © 1980, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

The newly formulated legal requirements with regard to the determination of alcohol in the blood in cases of criminal and other offences in all parts of the Federal Republic of Germany and Berlin are materially identical but contain directives in regulation 10 which in the opinion of the authors lead to an unbearable loss of evidence. From duplicate blood samples taken 10-15 minutes apart no practical inferences can be drawn with regard to the phase of the alcohol curve (rising or declining limb). With sampling at an interval of 45 minutes a substantial possibility exists that the second sample is taken in the elimination phase while the first sample was from the absorption phase. Hence an interval of 30 minutes is recommended. In view of modern concepts regarding the length of the absorption period and also practical considerations, the use of 30 minute intervals is supported. The mean analyses values of specimens taken at a 30 minute interval indicate how remote the possibility is to find a falling level although the person was still in the absorption phase, and vice versa. The formula recommended for the calculation and the results of such calculation assist in testing the facts in an alleged after-drink. These, together with the modern concepts of the speed with which alcohol levels rise and the evidence of witnesses, may constitute an important aid in deciding a case. As the taking of duplicate samples also has other advantages, regulation 10 of the relevant legislation should be amended. The authors are satisfied that, as was originally contained in the uniform legislation promulgated in 1966, an indication for duplicate sampling also exists if an after-drink is alleged or if this cannot be excluded. In such cases the second sample should be taken approximately 30 minutes after the first and the latter in any case as soon after the incident (arrest) as possible.

DWI