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.

Canada Health Minister Says She Is Not Considering Looser Nicotine Pouch Retail Rules as PMI-Linked Group Pushes for Wider Access
Canada Health Minister Says She Is Not Considering Looser Nicotine Pouch Retail Rules as PMI-Linked Group Pushes for Wider Access
Canadian Health Minister Marjorie Michel says she is not considering loosening retail restrictions on nicotine pouches. Canada regulates pouches containing 4 mg or less of nicotine per unit as non-prescription nicotine replacement therapy and requires newer NRT formats such as pouches to be sold from behind pharmacy counters. Meanwhile, Unsmoke Canada, linked to Philip Morris International's Canadian business, is pushing to allow pouches in convenience stores and other general retail outlets. Health Canada also acknowledges continued unauthorized sales, while recent research shows rising pouch use among Canadian youth aged 16 to 19.
Sep.24
JUUL2 Sued Within a Week of FDA Authorization as AJ Marketing Alleges Infringement of Programmable Vape Patent
JUUL2 Sued Within a Week of FDA Authorization as AJ Marketing Alleges Infringement of Programmable Vape Patent
Less than a week after JUUL2 received U.S. FDA marketing authorization on August 28, 2026, JUUL Labs was sued for patent infringement in federal court in Delaware. AJ Marketing LLC filed the complaint on September 3, alleging that both JUUL 1 and JUUL2 infringe U.S. Patent No. 8,851,068 B2. The patent covers aspects of programmable electronic vaporization devices, including controls over dose delivery, usage frequency and operating parameters. The plaintiff is seeking reasonable royalties and ongoing royalties tied to the remaining life of the patent. JUUL has not yet publicly responded to the case.
Sep.10
Product | KT&G to Launch lil Tonino Lamborghini in South Korea, Bringing 3-Second Heat-Up to New HTP Platform
Product | KT&G to Launch lil Tonino Lamborghini in South Korea, Bringing 3-Second Heat-Up to New HTP Platform
KT&G will launch the lil Tonino Lamborghini heated tobacco device in Seoul on September 15, 2026. The product introduces a new heating technology called Flashwave Heating, which uses microwaves to heat tobacco sticks internally and delivers a manufacturer-rated heat-up time of about three seconds. The device features an all-metal aluminum body, a color display and a dedicated GUI, and launches alongside a new line of NAU tobacco sticks that are incompatible with existing lil consumables. Korean media describe the product as KT&G's first new heated tobacco platform since lil AIBLE was introduced in 2022.
Aug.31
Juul Sublicense Reshapes Vuse Alto Patent Bill as Court Ends R.J. Reynolds’ 5.25% Royalty Obligation to Altria
Juul Sublicense Reshapes Vuse Alto Patent Bill as Court Ends R.J. Reynolds’ 5.25% Royalty Obligation to Altria
According to Law360 on August 31, 2026, a federal judge in North Carolina ruled that a patent sublicense between R.J. Reynolds Vapor Co. and Juul Labs Inc. relieves Reynolds of its obligation to continue paying royalties to Altria Client Services LLC over Vuse Alto. A jury had previously found that Vuse Alto infringed three Altria patents and awarded approximately $95.2 million in past damages, after which Reynolds was ordered to pay an ongoing royalty equal to 5.25% of positive net sales. The new ruling finds that a valid sublicense can eliminate future infringement, potentially ending what Altria described as hundreds of millions of dollars in future royalties.
Sep.01
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
Juul Displays FDA-Authorized JUUL2, Highlights Age Verification at NACS Show 2026
At the 2026 NACS Show in Las Vegas, Juul Labs displayed its JUUL2 e-cigarette system alongside existing products, age-verification messaging and mobile coupons, 2Firsts observed. The JUUL2 device and Virginia Tobacco and Polar Menthol pods received FDA marketing authorization in August 2026. Booth materials highlighted longer battery life, greater e-liquid capacity and connected-device features. A TruAge sign and a mobile coupon presentation also featured at the booth, with weekly offers available to age-verified adult nicotine consumers at participating retailers.
EXPO
Oct.09
Major U.S.  Vape Distributor Demand Vape Pays at Least $300,000 for White House Lobbying Amid Enforcement Pressure
Major U.S. Vape Distributor Demand Vape Pays at Least $300,000 for White House Lobbying Amid Enforcement Pressure
New York vape distributor Ecto World, which operates as Demand Vape, hired political consultant Roger Stone to lobby the Executive Office of the President on regulation of vaping and related products while facing state enforcement and multiple lawsuits. Public lobbying disclosures show that Ecto World paid at least $300,000 for the work through June 30, 2026. Separately, New York State announced in March that more than 28,500 pounds of vaping products tied to the company had been seized, while New York City and the state have pursued legal or enforcement actions. Public records do not show that the lobbying directly changed any specific regulatory or enforcement outcome.
Sep.08