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Galluccio says toothpaste sets off court-ordered Breathalyzer
By adamg on Tue, 12/22/2009 - 6:24pm
UPDATE: Watch a video demonstration of the device that sic'ed police on Galluccio; in the comments.
As part of his house arrest for hitting and running, state Sen. Anthony Galluccio has to blow into a Breathalyzer periodically. Yesterday, it registered alcohol on his breath. In a statement, Galluccio blames sorbitol, an alcohol-based sugar substitute, in his Colgate Total Whitening and Sensodyne toothpaste.
Here's hoping he doesn't like baking with vanilla extract.
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Comments
I can't even summon outrage
I can't even summon outrage anymore. We're so far beyond that. And it's clear that Galluccio is incapable of facing up to his problems, much less his responsibilities.
My only hope is that the Senate does the decent thing, and expels him from their ranks. But when you vest your hopes in the Senate acting in an honorable fashion, you're just begging to be disappointed.
Arkansas rejects the sorbitol argument
2006 case involving allegedly drunk firefighter; his expert witness who blamed high BAC on sorbitol-laced breath mints conceded there are no studies showing that such things can lead to high readings on a breath test.
Nice catch, Adam. Maybe
Nice catch, Adam.
Maybe there's hope, then. If the judge doesn't buy his explanation, he could be deemed in violation, and sentenced to serve some time behind bars. Even the Senate would have a tough time letting that slide.
Surprisingly little on the subject online
A few posts from OUI lawyers, couple of things from a pilots' forum, some spammish articles and tons of stuff about the role of sorbitol in diabetes and irritable bowel syndrome. I made the mistake of checking the archives of SJC and Mass. Appeals Court rulings for "toothpaste," because one of the decisions involved, um, er, a use for toothpaste one wouldn't normally think of (the other used the metaphor of putting toothpaste back into the tube).
don't google- search pubmed.
n/t.
Doh, getting rusty
Thanks. An initial couple of searches didn't show much, but I did find an abstract of a 1993 study, in which a concoction containing sorbitol actually lowered BAC in rats (the study also involved pouring alcohol into beagles through tubes in both their stomachs and butts to see if activated charcoal could slow alcohol absorption; for the most part, the answer was no).
intraperitoneally != "butt"
"Intraperitoneal injection or IP injection is the injection of a substance into the peritoneum (body cavity)".
Unless I missed something. Man, I love that we're talking about getting dogs drunk on UHub.
also
the study wasn't testing sorbitol, it was testing the effect of activated carbon. Sorbitol was the carrier, or something.
I think part of the problem with all these "substances"
Is that it is often times unknown if they affect the BAC readings from these devices. Thats why many times people get the benefit of the doubt in court when it comes down to these BAC tests and saliva, burping, hand sanitizer, etc that could effect them.
Burping hand sanitizer?
That would do it! (hic)
This should be easily testable
Test him as soon as he wakes up. Then have him brush his teeth with Colgate and Sensodyne. Then test him again right afterwards, and see if the toothpaste causes a false positive reading.
They probably HAVE tested this!
I would not be surprised if the Sobrietor manufacture can even provide a coefficient of variation for sorbitol-only tests with sober subjects and some nifty curves demonstrating a lack of sorbitol-alcohol effect modification across a range of alcohol vapor levels in calibration standards.
If I worked for them, heaven knows I'd play with that! If you already have the calibration standards, it wouldn't take long to get your coworkers to chew some breath mints and do some runs.
Science says FAIL
Ethanol is a volatile liquid, boiling point 78 degrees C. Sorbitol is a nonvolatile solid, boiling point 298 degrees C. Sorbitol does not even melt until 95 degrees C. There is no way you could get enough sorbitol in your breath to set off a breathalyzer even if you were chewing pure sorbitol sitting in a sauna.
I thought it usually worked the other way...
...that people think fresh breath fools the Breathalyzer, not that having overly fresh breath causes false positives.
http://www.snopes.com/autos/law/breath.asp
It's a Speak and Smell!
Massachusetts Lawyers Weekly has details on the BAC device Galluccio is using - it attaches to his phone and he has to have his voice confirmed first before he blows into it.
More from the vendor.
The Sobrietor in action
But, but ...
What if, after you log in, your dog knocks it down and and and your dog you see ... he just ate a bunch of chocolates with vanilla flavoring in them .... and YER DOG EATS THE SOBRIETOR and and it reads high because the vanilla flavoring in the chocolates that the dog ate has alcohol in it and that MUST be what set it off!
Plausible, completely plausible. He read it on line, soooo....
Now he can't even go to church
The Herald reports a judge ordered 24-hour house arrest for Galluccio at least until a Jan. 4 hearing on whether the positive tests means he should be sent to jail or that the results were caused by toothpaste.
Good
Even though the knife wielding maniac gets probation, the serial drunk driver is under house arrest. Hey, we're batting .500!
Motorhome?
Maybe Gasploochio will go buy a motor home and drive that around now that he's under house arrest.
Wouldn't put it past him at this point - denial knows no bounds!
The knife-wielding maniac got five years
On the attempted-murder charge; the probation was for the other charge.
My fault
That's what I get for UHing when I'm drunk.
He needs to resign NOW
He cannot effectively do his job or represent his constituency while under house arrest.
As if his vote matters....
As if his vote matters....
In the Great and General Court, all votes are pre-ordained.
Oh, what a bullshit artist Galluccio is.
As if the notion that the use of toothpaste affecting the outcome of the breathalyzer test and producing a "positive" result regarding excessive use of alcohol will lhold up in court.
Pshaw!