Citation

Schmitt G, Dronner P, Aderjan R, Skopp G. Blutalkohol 1997; 34(5): 371-378.

Affiliation

IRV, 69115 Heidelberg, Germany.

Copyright

(Copyright © 1997, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

In 1995, while on duty, a drug squad officer (Mr. S.) caused a car accident in which his front-seat passenger was killed. 3 1/4 hours after the accident a blood sample was taken from the unconscious man which contained 1.44 permille ethanol. This led to the conviction, the charges being driving while intoxicated and manslaughter through culpable neglect. In the appeal procedures in November 1996 Mr. S. was freed of the DWI charges as there was no definite proof. No ethanol metabolite ethylgucuronide (EtG) could be detected in the serum of the blood sample which had been frozen seperately. The blood sample was taken using a normal infusion set which was not in accordance with forensic instructions. A contamination with a disinfectant containing ethanol can therefore not be excluded. The court justified its decision with our examination results: 1) No ethylglucuronide could be detected, wereas with such a high BAC, the amount of 0.1 mg/L should have been clearly exceeded (by at least 10 times). Further tests clarified if the metabolism product had not been formed in the offender's body and if it possessed sufficient stability for storage (over 1.5 years). 2) Glucuronide formed out of morphine given after the accident was detected. 3) The accused formed EtG in a drinking experiment. After the consumption of 1.5 L of beer a maximum serum concentration of 1.3 mg/L was be found. 4) EtG proved to be storable long enough in frozen serum.