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.

UK Directors Banned After 352,688 Vapes Imported From China Were Misdeclared as Medical Nebulizers in £15 Million Tax Case
UK Directors Banned After 352,688 Vapes Imported From China Were Misdeclared as Medical Nebulizers in £15 Million Tax Case
The UK Insolvency Service said YSK Enterprises imported large quantities of vapes from China in 2023, with a shipment addressed to the company declared as medical nebulizers before Border Force found 352,688 vaping products. HMRC calculated nearly £15 million ($20.3 million) in unpaid VAT and customs duty, alongside about £437,000 in corporation tax. Two directors were disqualified for nine years. The case predates the UK's Vaping Products Duty, which will introduce vape-specific excise and duty-stamp requirements from October 2026.
Regulations
Sep.11
Australia’s Victoria Steps Up Illegal Tobacco Enforcement With Store Closures and Penalties of Up to A$2.5 Million
Australia’s Victoria Steps Up Illegal Tobacco Enforcement With Store Closures and Penalties of Up to A$2.5 Million
Australia’s state of Victoria has activated new powers allowing Tobacco Licensing Victoria and police to shut premises suspected of selling, supplying or possessing illicit tobacco for up to 90 days. Longer closures can be ordered by a magistrates’ court. Businesses subject to closure orders must generally cease all trading and will be placed on a public list. Breaching a closure order can carry penalties of up to A$2.5 million and 20 years in prison.
Sep.10
STIIIZY Redesign Fails to Escape PAX Labs Patent Import Ban as Section 337 Case Also Involves China ALD
STIIIZY Redesign Fails to Escape PAX Labs Patent Import Ban as Section 337 Case Also Involves China ALD
U.S. Customs and Border Protection ruled that STIIIZY had not shown that the redesigned cannabis-vape products covered by its latest request fall outside an ITC limited exclusion order tied to PAX Labs patents. CBP accepted some of STIIIZY’s claim-construction and non-infringement arguments, but the company did not address two additional claims in the same patent. Earlier STIIIZY redesigned cartridges and certain associated components imported with them had received separate CBP clearance.
Sep.16
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
German Tobacco Tax Revenue Falls 10.8% Through August as Tax-Paid Cigarette Volume Drops 12.6%
Germany collected €9.789 billion in total tobacco tax revenue from January through August 2026, down 10.8% from a year earlier, according to the Federal Ministry of Finance. Germany's tobacco tax base covers not only cigarettes and fine-cut tobacco but also heated tobacco and vaping liquids taxed as tobacco substitutes. The German Association of the Tobacco Industry and Novel Products, or BVTE, citing federal statistical data, said tax-paid cigarette volume fell 12.6% to 40.6 billion sticks. BVTE is using the latest figures to argue against further tax increases planned from 2027 through 2030, while Germany's parliament is scheduled to hold a first reading of the bill on September 24.
Sep.23
UK HMRC Issues One-Month Countdown Warning, Urges Vape Businesses to Prepare for New Tax Rules
UK HMRC Issues One-Month Countdown Warning, Urges Vape Businesses to Prepare for New Tax Rules
The UK’s Vaping Products Duty and Vaping Duty Stamps Scheme will take effect on October 1, 2026. All vaping liquids manufactured in or imported into the UK will face a flat excise duty of £2.20 per 10ml, whether or not they contain nicotine. Newly manufactured or imported products released onto the UK market from October 1 will require a valid duty stamp, while eligible existing unstamped inventory can continue to be sold through March 31, 2027. From April 1, 2027, all vaping products outside duty suspension must carry a valid stamp.
Sep.03
UK-Listed Consumer Goods Group Supreme Sees Vape Duty as Potential Consolidation Opportunity, Holds FY27 Outlook
UK-Listed Consumer Goods Group Supreme Sees Vape Duty as Potential Consolidation Opportunity, Holds FY27 Outlook
UK-listed consumer goods group Supreme plc says it continues to expect FY27 trading to meet market expectations as the Vaping Products Duty takes effect on October 1, while maintaining a comparatively positive view of the new tax and compliance regime. Supreme has said the framework could increase compliance complexity for smaller operators and contribute to market consolidation, while its manufacturing, compliance and distribution scale may allow it to gain share. Its 88Vape brand will retain its value positioning.
Sep.18