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 HMRC Unveils Red and Yellow Transitional Vape Duty Stamps Ahead of October Tax Launch
UK HMRC Unveils Red and Yellow Transitional Vape Duty Stamps Ahead of October Tax Launch
HM Revenue & Customs (HMRC) has released sample images of the UK’s transitional vaping duty stamps, showing red and yellow versions ahead of the new Vaping Products Duty and Vaping Duty Stamps Scheme starting on October 1, 2026. Transitional stamps contain physical security features but no digital scanning function. Approved businesses may purchase them through November 30 and affix them through December 31. HMRC has not stated that the red and yellow samples represent different product categories or tax statuses.
Regulations
Sep.02
Australia-China Operation Dismantles Tobacco Smuggling Network: 112 Containers, 60 Arrests and A$92 Million in Illicit Tobacco
Australia-China Operation Dismantles Tobacco Smuggling Network: 112 Containers, 60 Arrests and A$92 Million in Illicit Tobacco
According to The Maritime Executive on August 19, 2026, the Australian Border Force (ABF) and China’s Anti-Smuggling Bureau of General Administration of China Customs worked together to dismantle an international illicit tobacco smuggling network targeting Australia. According to information released by ABF on August 20, sustained information sharing and cooperation led to investigations into 112 shipping containers, with 91 found to contain illicit tobacco. Authorities seized more than 60 million cigarettes and 60 kilograms of loose-leaf tobacco, representing more than A$92 million in unpaid duties. More than 60 people suspected of involvement in the network were arrested in China.
Aug.20
JTI Proposes 25-Cent Irish Cigarette Tax Increase, Says It Could Raise €45 Million
JTI Proposes 25-Cent Irish Cigarette Tax Increase, Says It Could Raise €45 Million
Japan Tobacco International's Irish business has proposed a €0.25 tax increase on a pack of 20 cigarettes in its pre-Budget 2027 submission, below the €0.50-or-more increases typically imposed in recent Irish budgets. JTI says the proposal could generate around €45 million in additional Exchequer revenue while limiting further movement toward illicit and non-Irish-tax-paid tobacco. Revenue's existing estimate for a comparable €0.25 increase, including pro-rata rises on other tobacco products, is about €18 million for a full year.
JTI
Sep.18 by 2Firsts Perspectives
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
The FDA authorized the JUUL2 device and tobacco- and menthol-flavored pods on Aug. 28, bringing the number of authorized e-cigarette products to 48. The agency highlighted complete switching among adult smokers, with six-week switching rates reaching 28.4%–49.3% for the menthol pod. The decision comes as FDA works to speed PMTA reviews, reduce application backlogs and expand authorized e-cigarette and nicotine-pouch products while maintaining enforcement priorities for unauthorized products.
Regulations
Aug.29
Florida Governor DeSantis Expands TANF Restrictions, Blocking Welfare Benefits From Buying Tobacco and Vapes
Florida Governor DeSantis Expands TANF Restrictions, Blocking Welfare Benefits From Buying Tobacco and Vapes
Florida Governor Ron DeSantis announced an expansion of Temporary Assistance for Needy Families (TANF) restrictions that would prohibit Electronic Benefit Transfer (EBT) funds from being used to purchase tobacco and vaping products. The state will amend its TANF State Plan and submit the changes for federal approval. Florida officials said the restrictions would not affect eligibility for temporary cash assistance or the amount of benefits received, but would change how funds can be spent.
Aug.25
Gallup Tracks Nicotine Pouch Use for the First Time: 11% of U.S. Adults Smoke, 9% Vape and 4% Use Nicotine Pouches
Gallup Tracks Nicotine Pouch Use for the First Time: 11% of U.S. Adults Smoke, 9% Vape and 4% Use Nicotine Pouches
Gallup’s 2026 Consumption Habits survey tracked nicotine pouch use for the first time. The survey found that 11% of U.S. adults reported smoking cigarettes in the past week, 9% reported vaping, and 4% reported using nicotine pouches. Cigarette smoking remained near Gallup’s long-term low, while adult vaping rates stayed relatively stable in recent years.
Market
Aug.25 by 2Firsts Perspectives