Publications

<p></p><p>For many years, experts in the field of forensic toxicology have observed that suspects often try to cast doubt on the results of alcohol tests obtained with breath analyzers<i>.</i> The problem usually relates to cases in which the sobriety test was carried out in an improper manner, e.g. only one measurement was taken, the appropriate intervals between measurements were not observed, or the results have no evidentiary value. Some cases from opinion practice testify that an accumulation of the listed irregularities is also possible.</p><p>In many cases, the phenomenon of the occurrence of so-called "residual" (mouth alcohol) is exploited by suspects or their defense attorneys. This phenomenon was first noted by F.W. Anstie in 1867 [1], while the first study of this effect was conducted and described by E. Bogen in 1927. [2]. Residual (residual) alcohol is alcohol that persists in the mucous membrane of the mouth and upper respiratory tract until about several to several minutes after the end of alcohol consumption [3]. This time depends, among other things, on the amount and concentration of alcoholic beverage that was in the mouth [4]. According to a study by Caddy and colleagues [5], who investigated the effect of lingering alcohol on the results of measuring the concentration of ethanol in exhaled air, lingering alcohol persists in the oral cavity for up to a maximum of 10-19 minutes, depending on, among other things, the type of alcohol consumed. Studies by the aforementioned authors prove that the higher the alcohol concentration was, the longer the duration of the so-called lingering alcohol [5]. On the other hand, a study by Langille and Wigmore showed that among 15 women and 15 men who consumed between 16 and 146 ml of beer with an alcohol content of 5% v/v, only 27% of those subjected to the experiment 5 minutes after consumption were found to have an alcohol concentration exceeding 0.01 g/210 l, or approx. 0.048 mg/l (the maximum concentration was 0.016 g/210 l), while after 10 minutes none of the subjects had alcohol in their breath [6].</p><p>When there is alcohol lingering in the mouth, the results do not reflect the actual concentration of alcohol in the breath. Therefore, it is important to dispel any doubts in such a case by taking at least three measurements of the alcohol content in the exhaled air [7,8].</p><p>Many circumstances influence the occurrence of lingering alcohol. In one study by Langille and Wigmore, the authors list as many as eight factors that can influence the occurrence of the lagging alcohol effect [9]. These are<i>:</i></p><p></p><p>1. Engaging in conversation or keeping the mouth open (vaping);</p><p>2. Taking (or attempting to take) multiple breath alcohol measurements in quick succession (vaping);</p><p>3. Chewing gum, tobacco, eating (increased salivary flow);</p><p>4. Gulping food content or gastroesophageal reflux disease (GERD);</p><p>5. Presence of alcohol in exhaled air from the lungs;</p><p>6. Swallowing or gargle (less contact with the mucosa);</p><p>7. Low concentration of alcohol drunk (e.g., beer 5% v/v);</p><p>8. Spray alcohol in asthma preparations or mouthwash (increased evaporation).</p><p></p><p>The aforementioned chewing gum alone can reduce the incidence of the lagging alcohol effect by 85% within 5 minutes of consuming 20% vodka [10]. The problem of the occurrence of the lagging alcohol effect is so important in the practice of toxicology that studies of the effect of dentures and braces on the occurrence of this phenomenon are also performed [11,12].</p><p>The purpose of this paper was to present a case from the opinion practice and to clarify whether the use of <i>Nitromint</i> has an effect on the state of sobriety, and whether taking it twice could have led to a test result on a breathalyzer of 0.26 mg/dl?</p>.