Clinical Chemistry 43: 419, 1997;
(Clinical Chemistry. 1999;43:419.)
© 1999 American Association for Clinical Chemistry, Inc.
Intoxication Test Evidence, 2nd ed. Edward F. Fitzgerald. Deerfield, IL: Clark Boardman Callaghan, 1995. 2 vol. looseleaf, 2157 pp. $250.00.
R. Thomas Chamberlain
4159 Saltwater Blvd., Tampa, FL 33615
This legal reference covers in detail evidence used in trials to
determine blood alcohol (ethanol) concentrations. The author covers
evidence as used in criminal and civil trials. The two volumes are
divided into ten parts. Part I covers alcohol consumption and the
relation between absorption and elimination as well as other
physiological considerations such as sex and food intake. Part II deals
with calculations relating drinks and blood concentration, including a
discussion of the variability in calculations that can be used in the
defense's best interest. Part III concerns different types of samples
(e.g., plasma and serum versus blood) and collection of postmortem
samples, including site variability. This section also discusses
chromatographic analysis of the different types of specimens. Breath
testing is handled in Part IV, where the author begins to discuss the
relation between breath concentration and blood concentration and the
potential impact of Henry's Law on measuring breath samples at
different temperatures. This leads into Part V, which covers basic
measurement of ethanol in different beverages and how this ultimately
affects breath concentration. The author emphasizes issues associated
with determining blood alcohol concentration from breath analysis. Most
state statutes, however, refer to blood concentration and not breath,
so Part VI analyzes the relationship between alcohol and specific
statutory language. The author illustrates through actual testimony the
different avenues to attack breath evidence.
Part VII handles the deposition process and questioning about analysis.
The author identifies potential problem areas in the laboratory and
then, in Part VIII, discusses expert testimony, identifying specific
areas where serious errors can be made in the interpretation of blood
alcohol concentration. The author illustrates this with several
high-profile cases such as the death of actor William Holden. Several
questions are put forth that can be used in examining an expert's
testimony. The text then deals with the admissibility of evidence in
light of the Daubert Decision, which has overruled the Frye Rule for
determining the acceptability of scientific evidence in court. Part IX
provides checklists useful for collecting evidence and Part X is
appendices. An extensive index typical of legal references follows.
Anyone involved in forensic alcohol analysis should be aware of these
volumes and their contents. Although written from a defense attorney's
point of view, they point out the potential line of questioning that
can be used in depositions and testimony. Addendums to the volumes
usually come yearly and keep the content current. The two-volume set
costs $250, but that is a typical price for legal references of similar
size. The yearly updates usually cost less than $100. For the
laboratory scientist actively involved in blood alcohol testing and
litigation, these volumes are an appropriate addition to a professional
library.
