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THE ATTIC : Alcohol

Date Added
AUG 2002

While it is not per se an offence to be drunk, inebriety is of forensic importance partly because a drunken person is more likely to have and cause accidents and to sustain injury, and partly because there is well documented evidence to connect alcohol with crime, particularly in crimes of violence.


The fact that a person is drunk when they attack another is no defence in law. However, if it can be proved that they were so hopelessly drunk that they were incapable of knowing what they were doing, or of forming any specific intention, then, in a case of homicide, it could reduce a charge of murder to one of manslaughter.


There are a number of quaintly archaic offences related to drunkenness - for example, being drunk while on a passenger steamer, in charge of a child under seven, horses or cattle, and loaded firearms - but it is usually in connection with driving a motor vehicle while under the influence of drink that criminal charges are brought.
Drink / Driving
Under the provisions of the Road Traffic Act of 1988 it is an offence for a person to be in charge of a motor vehicle on a road or other public place while unfit to drive through drink or drugs. It is an additional offence if the driver has an amount of alcohol in his blood equivalent to 80mg or more per 100ml of blood (the equivalent measurement for urine is 107mg in 100 ml).
Breathalysers
Although breathalysers are the concern of police officers and not forensic scientists, they represent the first step in a very important function of the biology laboratory. When a driver who has been stopped and tested is shown by the breathalyser to exceed the permissible blood/alcohol level, a sample of blood is taken at the police station which is subsequently sent for analysis. The results of the laboratory test will be the basis of the case against the defendant charged with a drink/driving offence.
Physiology of Alcohol
Alcohol is absorbed from the stomach at roughly the rate of one unit (the equivalent of one measure of spirits) per hour, and is then distributed around the body. The elimination of alcohol from the body takes longer about 15mg/100ml per hour.


How an individual will be affected by alcohol depends to a great degree upon how accustomed he is to imbibing large quantities; to a lesser extent such factors as heat and cold, illness or disease, the use of medications, a full stomach etc. will also modify the effect.
Recognition of Intoxication
A doctor (most usually a police surgeon) may be called to make an examination and provide a report on a suspected drunk's level of inebriety to determine, for example, his ability to drive, whether their condition is due to alcohol or to some illness or injury, whether it is safe to detain him in a police cell or whether he should be admitted to hospital and so on. To assist the doctor, the British Medical Association has produced a check list of what to look out for - The Recognition of Intoxication; following is a synopsis:


1. The presence of any serious injury or illness requiring urgent attention should be excluded first.


2. Medical history; for example, of long term illness or disability - diabetes, epilepsy, etc.; use of prescription drugs; the nature of any recent food or drink.


3. General demeanour - state of dress, speech, coordination, although a subject may be able to exercise a degree of self control for a time, behaviour may become increasingly eccentric.


4. Memory and general mental performance - questions of time and place - what was he doing prior to being arrested.


5. Writing - quality when copying a passage from a newspaper.


6. Pulse (should be taken on commencement of examination); temperature, condition of skin (flushed, clammy).


7. Blood pressure; important to eliminate conditions such as cardiovascular disease


8. Respiration; it is possible that a subject may have refused, or been unable to provide, a breath sample due to respiratory disease.


9. State of tongue; (dry, coated); smell of breath.


10. Eye movements. Look for nystagmus, reaction of pupils to light, visual acuity; check wearing of spectacles or contact lenses.


11. Hearing - impaired


12. Central nervous system - gait; ability to walk steadily in a straight line and turn immediately when asked without loosing balance. Ability to stand with eyes open or closed without swaying. Ability to perform finger to finger and finger to nose tests. These tests are especially important if there is any suspicion of head injury.


13. Examinations of cardiovascular, respiratory and alimentary systems.
Samples

These observations will support the analysis of blood or urine samples which the police will already have obtained. Blood samples may be requested by the police or the subject may offer them, but can only be taken with the consent of the subject enabling them if they wish to obtain independent analysis.

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