Blutalkoholkonzentration

Some German words are easy to understand by English forensic toxicologists, such as the title of this article. Blood alcohol concentration in German is one large word (as is the propensity in German) and spelled with a K rather than a C. The English BAC is BAK in German. The study of ethanol in the body has fascinated scientists for decades, and German researchers were pioneers in this field.

Nowadays with all the numerous translation programs, one does not have to learn German anymore to translate German scientific papers. But back in 1990, I was grateful for every German word I had taught myself, especially those related to ethanol metabolism.

Canadian Forces Base (CFB) Lahr was a major Canadian military operational hub in West Germany during the Cold War, functioning from September 1967 until it was officially decommissioned on August 31, 1994. The base served as the primary headquarters for Canadian Forces Europe (CFE) and acted as the main logistical clearinghouse for Canadian flights transporting troops and equipment to the continent.

Key historical facts about CFB Lahr:

• Canada took over the facility from the French Air Force in 1967
• The base was home to the 4 Canadian Mechanized Brigade Group from 1970 until 1993
• At its peak, the base supported an expatriate population of roughly 15,000 Canadians
• The base included Canadian schools, recreation facilities, and residential complexes

This was my destination in November 1990, where I would apply my knowledge of ethanol to a challenging military case.

The case involved a Canadian pilot who was drinking and drove home off base at night. He hit a car driven by a German citizen and fled the scene. Fortunately, there were no injuries. The Canadian military police arrived at the pilot’s house and had grounds to demand a Breathalyzer test, which was conducted more than 2 hours after the motor vehicle collision.

The Breathalyzer result was high – over 160 mg/100 mL – but the pilot stated he had 2 drinks after the crash. There were also issues about the accuracy of the Breathalyzer. The captain was charged with impaired driving and faced a military court martial at CFB Lahr under Canadian legal proceedings. The court martial involved a judge who was a lawyer and a 3-member jury or panel of more senior officers. The central question was ethanol concentration at the time of driving, not at the time of testing.

There were no German forensic experts for the court martial. At that time, only blood alcohol tests were conducted in Germany, and no one in Germany had ever used a Breathalyzer or knew how it worked. German scientists were familiar with blood ethanol analysis but had no experience with breath testing technology. The prosecutor also said the German experts did not respond well to the Canadian legal system as they were not used to having their expertise or opinion questioned.

The prosecutor had read one of my papers in the Journal of Motor Vehicle Law and wanted me to testify. The Director of the Centre of Forensic Sciences, Doug Lucas, allowed me to travel to CFB Lahr. I would be the expert on ethanol elimination and Breathalyzer technology.

And so on November 26th, 1990, I flew to Frankfurt and then took the train south to Lahr. It was my first time flying to Europe – quite exciting. I stayed in a nice family-run hotel in the old city of Lahr called the “Loewen” (the Lion), which is still in operation today.

I found the worst part of the military court martial was the trip flying over to CFB Lahr and the jet lag, which hit me hard. I testified for 1 hour and 15 minutes for the prosecution and was cross-examined for 1 hour by the defence. Then the president of the jury asked a few questions, which does not occur in criminal trials in Canada. In addition, a straight majority of the jury or panel is sufficient for a conviction or acquittal.

On December 11th, 1990, I received a letter from Captain C.E. Thomas, the Deputy Judge Advocate, addressed to my Director Doug Lucas:

“I would like to express my personal appreciation for the cooperation I received from you and Mr. Jim Wigmore in connection with the trial by Disciplinary Court Martial of Captain J.R. Duncan, which was held at Lahr from 26 November to 4 December 1990. Captain Duncan was found guilty on one charge of impaired driving and one charge of driving while his licence was suspended.

The prosecution’s case was complicated by the fact that the Military Police did not meet Captain Duncan until almost an hour after the time of driving. During that time, he may have drunk two glasses of cognac. Also, breath samples could not be obtained within the two hour period. As a result, expert evidence was absolutely crucial to obtaining a conviction.

In the short time available before Mr. Wigmore’s testimony, he explained the operation of the Breathalyzer in such a way that I was able to go into court with a good grasp of the scientific principles involved, despite my complete lack of scientific training. His evidence in court was clear and straightforward and totally free of bias towards the prosecution.

Mr. Wigmore is also to be congratulated for finding his way in a foreign country and coping with jet lag, while remaining cheerful and cooperative with myself and the defence counsel.

Your unselfish support in making Mr. Wigmore available, despite your heavy workload, made this conviction possible. Once again, thank you very much for your assistance.”

The conviction of Captain Duncan on charges of impaired driving and driving while suspended was a success for military justice. The case demonstrated the importance of expert ethanol testimony when breath samples are delayed and the accused claims to have consumed ethanol after driving.

I learned a few lessons from this experience:

• Learning a foreign language – even just scientific terms – can open doors
• Jet lag is harder than any cross-examination
• A clear, unbiased expert witness on ethanol can make the difference between conviction and acquittal