Study finds e-cigarette users may unknowingly fail sobriety tests

Sep.09.2022
Study finds e-cigarette users may unknowingly fail sobriety tests
Researchers found that vaping with e-liquids containing 20% ethanol can impact initial breathalyzer tests but waiting 15-20 minutes before testing should provide an accurate reading.

Five years ago, researchers led by Dr. Michelle Peace, a forensic science professor at Virginia Commonwealth University, revealed that electronic cigarette liquids - the flavored nicotine solutions used in e-cigarettes - often contain ethanol or alcohol as an undisclosed ingredient.


The presence of ethanol in e-cigarette liquid raises an important concern for public safety and law enforcement: can inadvertently consuming alcohol through vaping cause a sober individual to fail a breathalyzer test?


To answer this question, Peace and Dr. Alison Breland, Chief Research Officer at United Health, teamed up with a professor from the College of Humanities and Sciences' psychology department and the VCU Tobacco Products Research Center to conduct a human clinical study, in collaboration with the Virginia Department of Forensic Science and the VCU Police Department.


Researchers had 13 participants use e-cigarette oils with either 20% ethanol or 0% ethanol concentrations. Prior to and after vaping, Lieutenant Edgar Greer from the VCU Police Department conducted preliminary and evidential breath tests, as well as standardized field sobriety tests - including horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand - to replicate roadside procedures used by law enforcement in suspected DUI cases.


They discovered that after inhaling e-liquid containing 20% ethanol, a preliminary breath test can immediately (in less than a minute) detect the concentration of exhaled ethanol.


However, when the police waited the standard 15 to 20 minutes (waiting time for roadside breath testing) the individual had consumed electronic cigarette oil containing 20% ethanol, as predicted, resulting in an inconclusive preliminary breath test. Researchers also found that consuming ethanol did not affect standardized field sobriety testing, evidence that breath testing is completely unaffected by ethanol consumption.


We have reported negative results, and we are very excited about this," said Peace. "During our study, we found that a waiting time of 15 to 20 minutes was consistent. We need to include this in the literature because some lawyers are trying to use e-cigarette use as a defense for avoiding driving under the influence charges. What we can now say is that if a state or jurisdiction maintains a 15 to 20 minute waiting period, e-cigarette use will not affect preliminary breath tests.


Wait for 15 to 20 minutes to allow the ethanol to be reabsorbed and disappear from the mouth. The waiting period is crucial because e-cigarette liquid is sticky and often stays in the mouth shortly after use. We are concerned that the sticky nature may make it more difficult for ethanol to disappear from the mouth," said Peace.


The researchers' findings will have an impact beyond law enforcement. Alaina Holt, a doctoral student in the VCU Integrated Life Sciences program who worked with Peace, explained that these discoveries should be taken into consideration in other contexts of alcohol testing, including workplace screening test sites.


According to Holt, some institutions and industries use preliminary breath testing devices to indicate alcohol consumption. If they are not within a waiting period of 5 to 20 minutes, in this situation, individuals who continuously vape may test positive.


The results of this research will be presented at the annual meeting of the International Association of Forensic Toxicologists in France this week. The study was funded by the National Institute of Justice, a branch of the US Department of Justice, for a project called "Vaping Ethanol on DUI: Investigating the Effects.


In 2018 and 2019, the National Institute of Justice provided two grants totaling approximately $1.8 million to Peace and her collaborators for research on the effects of consuming ethanol.


These experiments are being conducted at the Tobacco Product Research Center, which brings together multidisciplinary faculty from VCU, the American University of Beirut, Johns Hopkins University, the University of Arkansas for Medical Sciences, the Oklahoma Health Sciences Center, the University of Southern California, as well as other American and international universities and organizations focused on regulating tobacco products.


Statement:


This article is compiled from third-party information and is intended for industry exchange and learning purposes only.


This article does not represent the views of 2FIRSTS and 2FIRSTS cannot confirm the truthfulness and accuracy of the article's contents. The compilation of this article is solely for communication and research within the industry.


Due to limitations in translation proficiency, the translated article may not fully express the same meaning as the original text. Please refer to the original text for accuracy.


2FIRSTS is fully aligned with the Chinese government's positions and statements on any domestic, Hong Kong, Macao, Taiwan, or foreign-related issues.


The copyright of the compiled information belongs to the original media and author. If there is any infringement, please contact us for deletion.



Disclaimer

This article is provided solely for professional research, industry discussion, and informational purposes. Any references to brands, companies, products, technologies, or policies are made for factual reporting and analytical purposes only, and do not constitute endorsement, recommendation, promotion, or advertising by 2Firsts.

Nicotine-containing products, including but not limited to cigarettes, e-cigarettes, heated tobacco products, and nicotine pouches, carry significant health risks. Readers are responsible for complying with all applicable laws and regulations in their respective jurisdictions, including age restrictions and access limitations.

The information contained in this article should not be regarded as investment, legal, medical, regulatory, or commercial advice. While 2Firsts strives to ensure the accuracy and reliability of its content, it does not assume liability for any direct or indirect loss arising from errors, omissions, inaccuracies, or reliance on the information contained herein.

This article is not intended for individuals below the legal age for accessing tobacco or nicotine-related information in their jurisdiction.

 

Copyright Notice

This article is either original content produced by 2Firsts or content reproduced, translated, summarized, or adapted from third-party sources with attribution where applicable. The intellectual property rights of the original content remain with 2Firsts or the respective original rights holders.

No individual or organization may copy, reproduce, distribute, republish, modify, translate, or otherwise use this content without prior authorization. Any unauthorized use may result in legal action.

For copyright-related inquiries, corrections, or removal requests, please contact: info@2firsts.com.

 

AI-Assisted Translation and Editing Notice

Portions of this article may have been translated, edited, or reviewed with the assistance of artificial intelligence tools to improve efficiency and readability. Due to the limitations of AI-assisted translation and editing, discrepancies, omissions, or inaccuracies may exist when compared with the original source.

Where applicable, readers are advised to refer to the original source for the most complete and accurate information. If you identify any errors or believe that any content infringes upon your rights, please contact us at info@2firsts.com, and we will review and address the matter promptly.

Nevada Considers Nearly Doubling Tobacco Taxes, With $65 Million in New Revenue Expected From Expanded Nicotine Levies
Nevada Considers Nearly Doubling Tobacco Taxes, With $65 Million in New Revenue Expected From Expanded Nicotine Levies
Health groups in Nevada are urging lawmakers to nearly double the state cigarette tax and extend similar tax changes to other nicotine products, including e-cigarettes and nicotine pouches.
Jul.17
BAT CFO Dragos Constantinescu Takes Office, Returning After Seven Years and Former Asahi Europe Leadership Role
BAT CFO Dragos Constantinescu Takes Office, Returning After Seven Years and Former Asahi Europe Leadership Role
Dragos Constantinescu has officially taken up his role as Chief Financial Officer and Executive Director at British American Tobacco (BAT). He previously spent 16 years at BAT across finance and general management roles in Europe before joining Asahi in 2019 and becoming CEO of Asahi Europe & International in 2025. His return comes as BAT continues to advance its “A Better Tomorrow” transformation.
BAT
Sep.01
 $20 Million, a Permanent Injunction and Distributor Controls: Posh Deal Tightens Illinois Vape Compliance
$20 Million, a Permanent Injunction and Distributor Controls: Posh Deal Tightens Illinois Vape Compliance
An Illinois court ordered three companies tied to Posh vapes to pay $20 million and permanently restricted the sale, marketing and distribution in Illinois of products lacking required FDA authorization. The consent order also imposes downstream distributor controls, age-verification measures and social-media marketing limits, creating a new state-level compliance benchmark for disposable vape businesses.
Regulations
Aug.05
Product | SnowPlus Launches Nicotine-Free DASH in South Korea, Localising an Established Disposable Platform
Product | SnowPlus Launches Nicotine-Free DASH in South Korea, Localising an Established Disposable Platform
SnowPlus has introduced a nicotine-free version of DASH in South Korea, adapting an existing overseas disposable platform for the local market. The Korean version retains the series’ flat duckbill-style mouthpiece, ceramic heating architecture and disposable form factor while reducing nicotine content to 0%. By comparison, the overseas DASH 4000 platform typically features 7.5ml of prefilled e-liquid, up to 4,000 puffs and a 530mAh rechargeable battery, with nicotine-containing variants available in some markets. The product update centers on formulation localisation rather than a new hardware generation.
Aug.31
Japan’s Heated Tobacco Tax Reform Drives Price Increase as JT Raises All Ploom Sticks by ¥40
Japan’s Heated Tobacco Tax Reform Drives Price Increase as JT Raises All Ploom Sticks by ¥40
Japan Tobacco Inc. (JT) has applied to Japan’s finance minister for approval to revise retail prices of its Ploom heated tobacco sticks following planned changes to the heated tobacco tax system from October 1, 2026. If approved, all 31 Ploom stick products will increase by ¥40. After the adjustment, EVO products will cost ¥620 per 20-stick pack, MEVIUS products ¥590 and CAMEL products ¥570. JT said the price revision is intended to respond to tax changes while maintaining product quality and brand value. The tax reform is expected to narrow the tax gap between combustible cigarettes and heated tobacco products, potentially reshaping pricing strategies in Japan’s heated tobacco market.
Jul.22
China Tobacco Yunnan files patent for cellulose-free nicotine pouch scaffold to replace microcrystalline cellulose
China Tobacco Yunnan files patent for cellulose-free nicotine pouch scaffold to replace microcrystalline cellulose
China Tobacco Yunnan Industrial Co., Ltd. has filed a patent application for a cellulose-free scaffold material for nicotine pouches, proposing a combination of bioceramic material, polydextrose and sugar alcohols to replace conventional microcrystalline cellulose and cellulose derivatives. The filing aims to address issues including powdery mouthfeel, residue and limited release control, while also reducing reliance on existing cellulose-based patent portfolios. In patent examples, one fast-release formulation reached a nicotine release rate of 50% at 10 minutes and more than 90% at 20 minutes.
Sep.02