Author: Howard S. Mehler

ISBN: 978-0-9889860-9-1

Library of Congress Call Number: KFC1042 M44 2013

Driving Under the Influence: Blood Analyses for Alcohol and Controlled Substances is a 402 page hardcover book including 105 illustrations and forms, and bibliographic references. This is the first title catalogued by the Library of Congress under the subject heading "Forensic Chemistry - California". Driving Under the Influence is a historical compilation of civil and criminal case studies in California which presents several forms of evidence obtained through discovery; live expert testimony, expert opinion evidence, and direct chemical analysis on split blood samples.

Chapter 2 presents a 1989 case of first impression; expert evidence is given by Howard Mehler in the form of transcripts of live deposition and courtroom testimony. A foundation is laid to establish the validity of computerized methods for determining the effects of delayed absorption of alcohol due to the presence of food on calculated blood alcohol concentrations. Relevant issues are argued within the tensions of a live, adversarial courtroom proceeding.

Chapters 3 and 4 devoted to "drugged driving" rigorously describe standardized procedure for quantitative extraction and measurement of marijuana and cocaine in whole blood obtained from DUI suspects. Several states (ie Colorado and Washington) have recently legalized the sale and personal use of marijuana and have promulgated "per se" threshold limits for blood tetrahydrocannabinol in drivers (Colorado House Bill 13-1325; Washington Initiative Measure No. 502). Hence method standardization for quantitative analysis of blood for marijuana will be vital to ensure uniform enforcement of state traffic law regarding drugged driving in marijuana cases.

Opinion evidence is given by Howard Mehler in Chapter 5 regarding the use of evidence obtained at autopsy for establishing proximate causation between the presence of intoxicating levels of opiate in blood and cerebrospinal fluid of a decedent and the impairment of behavioural skills related to his operation of a motor vehicle. Illustrations (including color) are utilized to describe molecular mechanisms of opiate effects at multiple levels of the central nervous system, and bibliographic references are included to authenticate the opinion testimony.

The per se limit for blood alcohol concentration is 0.08 percent (gram/100cc) at the time of the driving at which there arises a rebuttable presumption of intoxication (CVC Section 23152(b)).