INTOXICATION TESTS

Greymouth Evening Star, 7 September 1938, Page 10

INTOXICATION TESTS

GUIDE FOR DOCTORS. Suggestions which could be'of assistance to doctors in deciding the condition of a person charged with being in a state of intoxication while in charge of a motor vehicle were approved by the New Zealand Road Safety Council. ' A report was presented by : Dr. G. V. F. AnsTm and Mr D. J. Cummings (Commissioner of Police) setting out a series of questions which doctors' could ask accused persons. Dr. Anson said that a committee of the New Zealand branch of the 'British Medical Association had gone thoroughly into the matter, and had had the help of Dr. P. P. Lynch. Dr. Anson said that the committee would recommend the adoption of a standard form of test. It had to be borne in mind, however, that a medical officer had no right to examine the suspected motorist unless the motorist agreed to submit to the examination; and they doubted the propriety of asking a person charged with being intoxicated, if he had consumed liquor, and if so how much.

The form that had been set out was in confirmity with the recommendations of the- special committee of the B.M.A. on tests for drunkenness, and was intended .only as a general guide for medical examiners, who should be free to conduct their examination in such manner as appeared to them most, suited to enable them to arrive at a true conclusion as' to thd condition of the persons examined. Dr. Anson quoted as follows- from Glaister’s “Medical Jurisprudence”:—

“By what tests, if any, therefore, may a medical practitioner arrive at the opinion that the driver of a motorcar is drunk and incapable to the extent of inability of good judgment? The committee of the British Medical Association concluded that a man is drunk who smells of alcohol and exhibits, among other symptoms, unsteadiness of gait, irregularities of behaviour, such as insolence, abusive or bombastic language, loquacity, excitement or sullenness, disorder of dress, loss or confusion of memory, hesitance or thickness of speech, tremors, with errors of co-ordination and orientation. In making an investigation of a person charged with being drunk in charge of a motor-car, these points should be carefully looked for with respect to their presence or absence. If found cumulatively or in large measure, a conclusion may be reasonably reached that the person is drunk and incapable of driving a motor-car without discomfort, inconvenience, and danger of the public. But owing to the different manfestations of the effects of alcohol on various persons, these must be carefully .examined for in the best judgment of the examiner, who will doubtless apply tests for their discovery. These tests 1 will likely vary. Some prefer the ability or inability to walk on a straight lijfj, others prefer the test of walking up and down a flight of steps or giving a chronological account of the person’s doings for a

period before arrest. Perhaps in (he end it will be found that inco-ordiiri Don of movements accompanied py hesitancy or thickness of speech ami a Joss of I he sense of the passage of time and a loss of memory of reemit events occurring prior Io and sucI caching apprehension will suffice to detect the influence of alcohol on the examinee tests for which must be carried out and results discovered to I ho reasonable satisfaction of the examiner. Tests based on the examination of the blood, etc., are quite inapplicable to usual police cases." NEW ZEALAND FORM. The form, referred lo above, set

out that it was desirable that, a medical practitioner should base his opinion on the following considerations: — (a) Whether the- person had recently consumed alcohol; (b) whether the person was so much under the influence of alcohol as to have lost, control of his faculties to such an extent, as to render him unable to execute safely the occupation on which he was engaged at the material time; (c.) whether his state- was due wholly or partially to a pathological condition which caused symptoms similar to those of alcoholic intoxication irrespective of the amount, of alcohol consumed.

Temperature.— (a) Data tending to establish that alcohol had been recently taken: Smell of breath, suffusion of conjunctiva (bloodshot condition of eyes), flushing of face, tachycardia (state of pulse), admission of having taken alcohol, condition of tongue and lips, condition of pupils, convergence of eyes, and tremors. (b) Tests to determine whether or not the amount taken had disturbed the normal behaviour of the- accused to make him incapable of performing the duty on which he was engaged: General demeanour and state of clothes, memory tests (time, day, address, recent and past events), visual tests (estimation of distance), speech tests (set phrases), co-ordination (manner of walking, turning sharply, sitting down and rising, and picking up small objects; standing on one leg with eyes shut, walking a straight line, walking to door and placing key in lock, writing, dialling a telephone number I.

(c) Extra tests to eliminate pathological conditions, e.g. severe fevers, acute lesions C.N.S.. mental or nervous disorders, head injuries, effect of extremes of heat or cold, loss of blood, acidosis: Tendon reflexes, skin sensation, head retraction, muscle pain.

The form set out that if from the first or subsequent, tests applied the motorist’s condition became manifest, it would be unnecessary to apply the remaining tests. The Commissioner of Police said that the tests were a guide,for medical men. Mr F. C. Spratt said that the tests were drawn up on the basis that the onus of proof was on the prosecution, ami the problem was such a serious one that they might consider whether the onus of proof should be shifted to the accused. The Commissioner of Transport. (Mr G. L. L. Laurenson) said that that would be a departure from the procedure that a man was innocent till proved guilty. Mr Cummings said that the onus of proof was now on a person who was seen leaving an hotel after hours. Tho report was adopted and referred to a sub-committee. It was stated that it would be printed and circulated to police stations.