DuPage Prosecutors DUI Blood Test May be Unreliable

The results of DuPage County Prosecutor Janeethanol. Results of .20 to .30 were found in
Radostits' postmortem alcohol results were 0.25,decomposing bodies where there was absolutely
after her fatal crash. This result was reported tono evidence of alcohol consumption, according to
be 'three times the legal limit' of .08. This assumesGary Kunsman, chief toxicologist with the Bexar
that these results are scientifically reliable, whenCounty (Texas) medical examiner's office.
they are not necessarily so.Microorganisms in the body, including yeast, can
The problem is that blood alcohol tests performedproduce alcohol in body tissues after death.
on decedents are highly unreliable, because theBacteria in some areas of the body escape and
human body creates its own ethanol from thecan generate ethanol in the blood, brain, liver, and
after-death fermenting of natural sugars andother tissues within a few hours of death.
yeasts that are no longer being cleansed by theIn his paper "Pitfalls in Forensic Toxicology," T.
liver.Richardson of the Toxicology Lab at England's
Post-mortem ethanol production, according toManchester Royal Infirmary said that disruption of
aircraft crash investigation reports by thethe body can enhance post-mortem alcohol
Transportation Safety Board of Canada, is theproduction.
result of bacterial action after death. TheI am asking that this be reported, not to condone
presence of ethanol depends on various factors,drinking and driving, and not to excuse such
such as the condition of the tested specimen, thebehaviors, but because I believe the actual alcohol
environmental conditions to which the tissueslevel reported is both misleading and because the
were exposed, and the time duration before thefamily and friends of Jane Radostits and the public
specimen was recovered. To confirm theat large deserve the full truth.
conditions for this phenomenon, testing wasDonald J. Ramsell
conducted on specimens from individuals whoPast President
would not have been expected to have ingestedDuPage County Criminal Defense Lawyers
alcohol because of age or cultural background. OfAssociation
the six specimens tested, five tested positive for128 S.