3
concentration, which can vary depending on the presence or absence of food in the stomach (7,9).
There is a first-pass metabolism in the stomach by alcohol dehydrogenase (ADH). However, the
major enzyme systems responsible for the oxidation of ethanol are in the liver, with ADH and
cytochrome P450 oxidation of remaining ethanol. Since alcohol is not stored, the volume of
distribution tends to follow the distribution of total body water until eliminated (9). Elimination
follows the Michaelis-Menten model, which presents limitations when concentration approaches
zero and when it tends to infinity; when the concentration is very high, the rate of elimination is
independent of the plasma concentration and follows zero order kinetics (10). Despite a large
disparity in rates across persons, in a standard individual weighing154 lbs., the mean metabolic
capacity to remove ethanol is around 170 to 240 g per day or about 7 g per hour—roughly, one
standard drink (defined as any drink containing 14 grams of pure alcohol, equivalent to 12 ozs. of
beer at 5% alcohol, 5 ozs. wine at 12%, or 1.5 ozs. 80-proof liquor), per hour (11, 9). This
approximation allows the calculation of predicted BAC from number of drinks consumed, given
an individual’s body weight, and conversely the number of standard drinks consumed and yet to
be metabolized when BAC is reported following an arrest.
Tolerance to any drug may be described as acute or chronic. Acute tolerance is evidenced
during the descending phase of the blood alcohol curve where the behavioral effects of a certain
level of alcohol diminish compared to the same level in the ascending phase of the curve. The
individual appears and perceives him or herself to be less intoxicated at the same BAC after peak
concentration than before the peak. Chronic tolerance develops with repeated exposure, meaning
that consumption of a constant amount of alcohol produces a lesser effect or increasing amounts
of alcohol are necessary to produce the same effect (12). Chronic tolerance is the type referenced
in 14 CFR 67 and involves both metabolic and functional processes. Functional tolerance refers to
cell or tissue resistance to the effects of alcohol, requiring increasing doses to achieve the same
effect. Metabolic tolerance refers to the increase in alcohol absorption, distribution, degradation,
and excretion rate due to chronic administration (12,13). Research in blood alcohol concentrations
and metabolic or functional tolerance have been conducted for decades (13).
Evidence of tolerance with BAC between 0.15% and 0.20%
There is a consensus in the literature that BAC greater than 0.15 g/dl in a functional subject
can be related to some degree of tolerance (13–15). In 1938, Jetter collected blood and urine
samples from 1159 patients presenting with acute intoxication to Buffalo City Hospital. He
believed this sample to be biased towards chronic alcoholics and reported that intoxication could
be observed (by abnormal gait, abnormal speech, dilated pupils, and flushed face) in 10% of
patients at a BAC of 0.05%, 18% at 0.10%, 47% at 0.15%, 83% at 0.20%, 90% at 0.25%, and 95%
at 0.30% (16). In contrast, the American Medical Association Council on Scientific Affairs
reported in 1986 that intoxication at 0.05% BAC ranged from 0 to 10 %, at 0.10% from 14 to 68%,
at 0.15% from 47 to 93%, 90 to 100% above 0.20% BAC (17). Intoxication rate differences
between these reports between 0.10% and 0.20% BAC would support Jetter’s perception of a
sample biased towards chronic tolerance.