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FORENSIC TOXICOLOGY - Bio Medical Forensics

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to fully prosecute the case, negotiations on a plea agreement, assessment or<br />

treatment for drug use, and allocation of law enforcement resources.<br />

The data were also examined to assess relative rates of drug use<br />

among drivers with high BAC’s compared to lower BAC’s, and the data<br />

are presented in table 2.<br />

Table 2. Drug positivity with respect to blood alcohol concentration.<br />

Drug Positive Drug Negative Totals<br />

Alcohol >0.08g/100mL 192 (41.9%) 200 (43.7%) 392 (86.0%)<br />

Alcohol 0.01–0.079g/100mL 43 (9.3%) 23 (5.0%) 66 (14.0%)<br />

Totals 235 (51.3%) 223 (48.7%) 458<br />

Of the alcohol positive cases 392 (86%) had alcohol concentrations of<br />

0.08g/100mL or above. Among these high BAC drivers, 48.9% were<br />

positive for drugs. For the low BAC drivers (0.01 – 0.079g/100mL), 65%<br />

were positive for drugs. The combination of low levels of alcohol with other<br />

drugs having CNS depressant properties such as marijuana, benzodiazepines,<br />

opiates and muscle relaxants, can cause impairment in a synergistic manner.<br />

When circumstances suggest poor or inattentive driving, and the blood<br />

alcohol is less than 0.08g/100mL, further assessment of the drivers sobriety,<br />

and collection of a blood sample should be standard procedure.<br />

The data were examined for evidence of any relationship between the<br />

drug classes detected as a function of BAC, and the data are shown in Table 3.<br />

Table 3. Relative frequency of major drugs/classes identified as a function<br />

of blood alcohol concentration † .<br />

Alcohol Negative Alcohol Alcohol<br />

(n=242) 0.01 -0.079g/ >0.08g/100mL<br />

100mL (n=43) (n=392)<br />

Any impairing drug 47.5% 65.1% 48.9%<br />

Cannabinoids 9.9% 58.0% 26.7%<br />

Amphetamines 14.9% 6.9% 2.0%<br />

Cocaine 2.4% 6.9% 4.8%<br />

Opiates* 8.7% 27.9% 12.8%<br />

Benzodiazepines* 4.1% 20.9% 8.9%<br />

* Note: Opiates and benzodiazepines may be administered during emergency<br />

medical treatment prior to the collection of a forensic blood sample,<br />

therefore opiate and benzodiazepine rates should be interpreted with<br />

caution in this population.<br />

† Columns will not total to 100% since many subjects were positive for<br />

more than one class of drugs.<br />

Overall rates of drug positivity were high in all three groups.<br />

Therapeutic drug use was highest in the alcohol negative group with<br />

muscle relaxants, antiseizure medications, sleep aids and over the counter<br />

drugs being more frequently encountered than in the alcohol positive<br />

groups. These drugs can nevertheless cause driving impairment even when<br />

used according to directions. Rates of combined marijuana and alcohol use<br />

were dramatically higher in the alcohol positive groups, with cannabinoids<br />

being detected in 58% of low BAC drivers and 26.7% of high BAC drivers.<br />

Combined alcohol and marijuana use, particularly in young drivers has<br />

been demonstrated to cause synergistic impairment. Amphetamine use<br />

(principally methamphetamine) was highest among the alcohol negative<br />

drivers. Other studies have demonstrated relatively low rates of concomitant<br />

alcohol use among methamphetamine users.<br />

In conclusion, this study documents the high frequency of combined<br />

drug and alcohol use among drivers suspected of impaired driving leading<br />

to vehicular assault or vehicular homicide. According to current practice,<br />

suspicion of drug use increases when a subject’s low BAC is not consistent<br />

with their observed impairment, and these data validate that practice. In<br />

addition however, the data demonstrate that drug use is a factor throughout<br />

the range of BAC, and that investigators should be alert for indicia of drug<br />

use in any contact with a suspected alcohol impaired driver.<br />

Toxicology, Impaired Driving, Drugs of Abuse<br />

* Presenting Author<br />

K28 She “Lost that Lovin’ Feelin’ “ in the<br />

Arizona Dust: Angry Teen on Alcohol,<br />

Cannabis and Cocaine<br />

Michelle A. Spirk, MS*, Arizona Department of Public Safety, Central<br />

Regional Crime Laboratory, 2323 North 22nd Avenue, Phoenix, AZ 85009<br />

After attending this presentation, attendees will be exposed to a Case<br />

Study involving interpretive toxicology and drug impaired driving. This<br />

case provides valuable discussion material as it lacks many of the factors<br />

that would make for an “ideal” DUID case; thus forcing a discussion of<br />

how real-life drugged driving interpretations may be handled. Drug effects,<br />

DRE evidence, analytical issues, case strengths, weaknesses and summary<br />

statements will be covered.<br />

This presentation will impact the forensic community and/or humanity<br />

by addressing the difficult challenges associated with drugged driving interpretations.<br />

Although many forensic toxicologists are asked to provide these<br />

interpretations and related expert testimony, they are rarely presented to colleagues<br />

in this type of case study format. Utilizing a detailed Case Study<br />

model as presented here, is an excellent way to share knowledge and promote<br />

discussion regarding challenging drugged driving interpretations.<br />

Ideal drug-impaired driving cases include significant driving<br />

behavior, a DRE evaluation, psychoactive parent drug(s) quantitated in<br />

blood obtained close to the time of driving that corroborate the DRE<br />

opinion, and driver admissions supporting impairment. This case was not<br />

ideal as it lacked much of the information allowing an interpretive analysis<br />

of driving impairment; thus, it was a typical DUID case. A 16-year-old<br />

female presented with qualitative blood confirmations of Benzoylecgonine<br />

(BE), Carboxy-THC and a low alcohol concentration (0.015g/100mL),<br />

obtained two hours and 32 minutes after significant driving behavior<br />

resulting in a fatal collision causing the death of a seven-year-old child in a<br />

second vehicle. The collision occurred on the Tohono Oodham Reservation<br />

at approximately 9:41 pm as the teen drove with her boyfriend, and his two<br />

nephews (ages 3 and 7) in the back. An argument ensued resulting in her<br />

holding onto his shirt to restrain him as he tried to exit the moving vehicle;<br />

the 3-year-old was crying to leave. She then ran a stop sign, making a left<br />

turn into the opposing traffic lane and colliding nearly head-on with the<br />

second vehicle. She had the moderate odor of an alcoholic beverage on her<br />

breath, slurred speech and red bloodshot eyes. Confirmatory blood cutoffs<br />

for Cocaine/BE and THC/C-THC were 50ng/mL and 2ng/mL respectively,<br />

thus parent drugs may have gone undetected. Later additional quantitative<br />

analysis of Cocaine and THC was precluded by sample size and consideration<br />

of non-enzymatic hydrolysis of Cocaine during extended refrigerated<br />

storage. Alcohol concentration was too low to provide extrapolation evidence.<br />

No DRE was available. Interpretation: BE is detectable in blood for<br />

~ 48 hours post ingestion; blood BE indicates that Cocaine was present at<br />

the time of, or prior to, the blood draw. Duration of effects for Cocaine is<br />

2-4 hours and is dose dependent. Effects consistent with Cocaine influence<br />

were: self-absorbed; inattentive; decreased divided attention and increased<br />

risk taking. Cocaethylene, although not tested for, is a possible additional<br />

contributor to driving impairment. Carboxy-THC detection in blood is<br />

highly dependent upon dose and frequency of use; blood Carboxy-THC<br />

indicates that THC was present at the time of, or prior to, the blood draw.<br />

Duration of effects for THC is 3-6 hours with some complex divided<br />

attention tasks up to 24 hrs. Effects consistent with THC influence were:<br />

bloodshot eyes; decreased divided attention; difficultly thinking, problemsolving<br />

and processing information; decreased car handling performance;<br />

slow reaction times; decreased perceptual functions and significantly<br />

greater effects when combined with alcohol. The absence of Cocaine and<br />

THC in this case does not rule out their presence at the time of driving or<br />

sampling, or potential dysphoric effects of cocaine. Driver is a minor, with<br />

limited driving experience, thus drug-impaired driving would likely occur<br />

at a reduced threshold than for a more experienced driver. Strengths: inattentive,<br />

inexperienced driving resulting in a fatal collision; admission of<br />

recent prior alcohol use; confirmation of polydrug metabolites in blood that<br />

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