I'm trying to figure out how her lawyer was so unprepared. As ridiculous as the argument is,, Judge Simpson was practically begging her for some kind of argument or proof. If you Google it there are certain times as ridiculous as it sounds where this argument has been held up in court. The whole thing is hilarious especially after the toothpaste argument
CVS didn’t tell her they sold it to her and shouldn’t have….. they should have known and not have allowed her in that aisle…. she wasn’t supervised it wasn’t her fault….
@@Anonymous-lq2bsthey know he announces that it’s being streamed on TH-cam…. They’re notified…. And they’re told not to give out any personal information out loud and to type it in the chat because it’s being streamed… they’re aware
Email the judge and suggest it. As a smoker myself, it's something I do at regular intervals through the day. Vapers that I know do the same (sometimes at the same time as me). If that was the cause of the positive results then all the results would be positive
This is the wrong Judge to play FAFO with. He ain't no fool and you ain't going to get anywhere trying to con him. Judge Simpson is very compassionate if you tell the truth. If you lie, you are toast.
The problem is he asserts truth instead of seeking it. I like this judge in general, but he is being far from just in this case given the CLEAR issues with the test. This is wrong.
I could definitely believe it can deliver enough alcohol to trigger a false (well, not really *false* ...) positive on a simple strict up/down test. Ethanol is generally used in the extraction and blending processes for vape oil, so I have no doubt there is some residual ethanol there. Enough to lift BAC to .0192? I strongly doubt that unless she's chain-vaping her way through the day. Enough to lift BAC to 0.192? Hells to the F no. Not even FAINTLY credible.
Well he can't work out that a reduction from 0.026 to 0.019 is a 25% reduction in 18 mins which seems pretty significant to me and very unlikely to have happened from consuming alcohol but what to I know? I'm not a judge but I can do math(s).
This is the result of testing conducted in the lab of Virginia Commonwealth University professor Michelle Peace, Ph.D. Out of 56 commercially available vape juice samples Peace’s lab tested, all but three contained ethanol, and 11 contained more than 10% ethanol. That study, published in 2017 in the journal Drug Testing and Analysis, warned that the implications of vaping ethanol as an e-liquid component are not known.
@@JohnnyTrombonerthis is very interesting information. I had absolutely no ideas that nicotine vapes contained ETOH. So looks many people have actually been driving under the influence without even knowing it…. Very scary tbh
@mr.mclibtard5015 Most of the ingredients of vapes are unlisted. Just saying ... the FDA is doing another *fantastic job* of oversight.... ..... NOT!... as per usual.
I mean, I had a coworker who tested positive for alcohol while on a driver interlock. Turns out the paint thinner he had been using was a denatured alcohol. The interlock company sent an officer to administer another test and to check up on him (at the time he had no idea the thinner was causing him to test positive) and luckily the officer figured out what was up and got him off the hook for a violation.
@@maryjackson1194 Oh no, he rang as a .03 on the officers device. He had just breathed in enough to have an actual BAC. Winter, nothing was on in the house for circulation.
Yes but that officer probably knew to look out for that because that's on the list of things that can cause false positives and it got on that list because it happened to several people and then they figured out that those people were getting false positives from this somewhat common problem. Glad the cop was educated though cause that could've been a real bad day for him. This lady's argument sucks though for that exact reason.. As judge simpson points out, if vapes were causing this problem they would have known by now because there would be so many people having false positives
@@sonablom Judge Simpson doesn't know everything and NEW vape juices come on the market every day. In 2017 a study showed that several juices had 10% ethanol. In 2023 a new study showed some vapes contain 40% ethanol per ml. FYI- Vape juice manufacturers don't have to list ingredients. The more you know ... the more you actually know.
I'm trying to figure out how the defense attorney can come to the judge with these excuses and look him straight in the eyes and with a straight face blame these bad tests on vape. Last time it just had to be her tooth paste. This might keep her out of jail for a little bit but her much bigger problem is that she can't seem to make it through a day without drinking. She obviously needs help and that help is not coming from her attorney so really all of these lies and excuses aren't really helping her with what the main problem which is her addiction to alcohol.
The biggest issue I have with the attorney is coming in, giving this excuse, and being comfortable saying “I don’t know about how the vape effects the soberlink”. I was able to find multiple articles on this subject before the video even ended. There IS an argument that can be made (it’s not a very good one), but if you’re going to give the excuse, back it up with something.
@@neverdive1059 I was wondering the exact same thing. Does her lawyer not have Google? My main argument against it was this excuse followed maybe one of the craziest excuses. It had to be the tooth paste. I tend to be on the pessimistic side when it comes to scenarios like this one which is a good thing I am not a Judge lol
@@MikeNewman-c4l I try to not be hard on public defenders because they do the best they can with some awful clients and huge caseloads. It also may very well be the case that this defendant sprung the excuse on her immediately before the hearing. That being said, it took me less that I minute to find multiple articles that would have given her something to say in support of the excuse.
I looked into this and according to google, vape juice can contain ethanol as a unlisted ingredient and it can cause a false positive result in alcohol tests. With that said, if she didn't vape and retested, she would have a clean test. I guess courts are going to have to research this and adjust their tether instructions to include the vape information.
Also some sugary foods ferment to the point of causing a false positive as well. There are people that get “drunk” from this issue. I forget what it’s called but there are severe forms of it as well as just slight. But it absolutely CAN happen.
I’m an avid vaper of nicotine.. and most have the same few base ingredients in the liquid.. and it’s propylene glycol or vegetable glycerin, nicotine, food grade flavorings that are found in a lot of things most of us consume on a daily basis.. and water.. I’ve had to take many drug tests.. and I still do at my methadone clinic even though It’ll be 6 years on April 17th that I’ve been clean.. I’ve earned the privilege to have a months worth of take home bottles.. so, I still need to give urine drug screens. I sleep with my vape in my hand.. i will admit I vape like a fiend.. and I’ve NEVER came up for alcohol.. due to vaping.. EVER. And I’ve smoked many different vapes and different liquids and have even made my own. &; I’ve never known anyone else at my HA/NA/AA meetings who have had a positive urine drug screen from vaping..😅😅🤦🏾♀️🤦🏾♀️.
Wow. Just, wow. Kinda like kids who come up with amazing excuses for not doing homework, etc. Our adult sons, who by the grace of God grew into excellent men & husbands, take responsibility for their actions, never whine. Because it didn't work on Mom & Dad.
Vape issue ? What major bull hockey . Think that IGNITER might ignite the mixture ? You know ,fuel ,spark and let's see Air =BOOM . Does she always fire up a bomb ? Bad news if you think Judge Simpsons gonna swallow that one
This has been studied. Vaping a liquid that is 20% ethanol will give a low, detectable reading on a preliminary breath test within 1-2 minutes of vaping. Waiting the required 15-20 minutes resulted in no detectable alcohol in a breath test. I guess it’s possible depending how much she was vaping and how close to testing with the soberlink and how high/low her levels were. But it isn’t very likely. And her failure to re-test is very suspicious
Yes. Vegetable glycerin is a sugar alcohol. No clue how sensitive the tests are but it's a known possibility to get a positive test from vape. I don't believe her myself but it's a viable defense. Her prior history it really working against her.
I’ve given multiple urine drug screens to multiple different entities in the past 6 years since getting clean.. and I’ve never once had a false positive because of my nicotine vape; &; I vape like a FIEND. I have had ONE false positive, but, it wasn’t from vaping. It was later disproven by a full lab test and shown to be a false positive, but, I was also getting tested by drug court at the same time and it turned out that it was an issue with my methadone clinic. Also, why would she be the ONLY person this has happened to? It makes zero sense.
@jamesrowden303 It was done by Yale University in 2016 and Virginia Commonwealth University in 2017. Additionally, there are many other studies from around the globe including the U.K. and Australia. The alcohol is contained in the food grade flavorings used. Trump University was a real estate 'program' which were actually 3-5 day seminars and makes it quite unlikely to think anyone there would have been doing published medical research on vape fluids. Why would you think they doing this study?
Agreed but at the end of the day pretrial release is not a right and if, for whatever reason, she can't pass the tests then the court can't be confident that the defendant is abstaining from their drug of choice.
@@jobustad1691 In 18 minutes? That is a massive drop. You shed about 1.5 points off per hour from drinking. I actually am siding with the defendent on this. Something wrong with the machine or it's not drinking that's doing it.
Vapes do contain Ethanol. This can cause positive tests but not high levels on the BAC. In any case, the rules of bond are no alcohol- period. So even if the vape is responsible for 100% of the positive result the defendant still broke the conditions of the bond.
Should have just told her to get the vape and the soberlink and when she got the same level vaping he'd believe her..... until then free accommodation...
She was definitely drunk when she picked out that outfit for court. How did her father ride in the same car to court while his daughter had on a red catsuit.
Omg! WHY WOULD YOU STARY VAPING ALLLLL OF A SUDDEN WHEN YOURE ON THE BRACELET LOL 😂 omg nooo wonder I was guilty until proven innocent in OWI court…. lol this is exactly what OWI court was like every week too LOL….. 😂 the judge actually caught someone at the bar drinking and this girl still tried to lie about it… HE EFFIN SAW YOU DRINKING lol 😂 people are so dumb lol 😂
‘She has not drank alcohol’ says her Walmart lawyer. The defendant tested positive. Boy they are sure grasping at straws. Toothpaste????? How about accepting responsibility for your criminal actions?
I feel like this public defender is probably aware this is a crock, but the defendant is saying one thing and even if everyone in the room knows it's BS, the PD has to take it forward to the best of her ability.
Here is the result of testing conducted in the lab of Virginia Commonwealth University professor Michelle Peace, Ph.D. Out of 56 commercially available vape juice samples Peace’s lab tested, all but three contained ethanol, and 11 contained more than 10% ethanol. That study, published in 2017 in the journal Drug Testing and Analysis, warned that the implications of vaping ethanol as an e-liquid component are not known. It toally could've been the vape, and that can potentially be used as a successful defense because it's not on the labels; and no reasonable person would expect 10% ethanol to be unlabeled (see comments on this very video).
@JohnnyTromboner Not to mention but I will ... that study is from 2017. There are even newer studies showing that etonol in vape products (as of 2023) go as high as 40% per ml. Vape is not well regulated by the FDA *meaning* that vape juice companies do NOT have to list ingredients. That means people have ZERO idea what is in their commercial vape juice hence they can NOT make informed decisions. FYI- yes... I vape AND mix my own vape juices... this is only part of the reason why I do.
@@JohnnyTrombonerFirst of all the ingredient is propylene glycol, not ethanol. PG is NOT the same as alcohol, it's merely classified as being in the same family. Secondly, other people are not popping for alcohol while vaping. But it doesn't really matter because It's up to her to avoid anything that would lead to a positive test. It's ridiculous and it's not a valid defense.
This defense lawyer drives me *INSANE!!!* There’s being an advocate for your client, and then there’s checking your brain at the door and parroting whatever your client says is true. The Judge basically says, “Your client was drinking.” And the lawyer respites, “Well, my client has maintained all along that she hasn’t been drinking.” *THAT IS CALLED “DENIAL,”* and also *BLAME SHIFTING.”* This lawyer does this _all the time,_ and she never wins, lmao!! Give it a rest, already!
I mean everyone is laughing, but it is easy to find papers on the fact the residual ethanol from vaping just before sobriety tests can cause false positives (not in numbers as high as 0.26, but still it was a clever defence if the lawyer had been bothered to bring any of these easily googleable documents to court)
A better lawyer and an expert may have made for a better defense but you gotta have money in this system to do that. Mind you I don't believe her but it would create some reasonable doubt.
@@debunkthejunk1 i got railroaded with a charge 12 years ago that I'm still paying for, in the sense that u can't get a decent job, all because i didn't have enough money for an actual defense attorney as opposed to the public pretender i got stuck with! 🤷🏼♀️
@@guesswhat-chickenbutt Yes it's an unfortunate onsequene of the two tier legal system. If you have money you can do what you want and be walking around free, if you don't sit in jail and wait to take a plea deal. I like Judge Simpson and he is very fair. But I think he's a bit off mark here. I think properly prepared counsel would have done a better job. It's a well known faqt vape fluid is alcohol based. The defense is weak given her history but I'd like to see the claim refuted not just dismissed because you can't afford an expert to educate the court. That being said he's right, you're in trouble and the onus is on you to not do anything to test positive.
Possible. But that’s why the user/client is instructed to take restarts at see intervals. The 15 min plus time between test and retest will clear any residual mouth alcohol from vape, mouth wash, food etc.
"Your honor, the agency responsible for the control of these forbidden substances is Alcohol Tobacco and Firearms. I'm pretty certain that the Alcohol came into contact with my Tobacco. " I can't believe she actually convinced her attorney to try that argument. They're both too stupid to live.
This is Interesting , I love the crazy things people come up with to explain the positive tests, Vapes is 100% a new one to me , but just after 5 min on google I found an article about a study on this exact thing. Vapes can contain ethanol and its NOT on the list of ingredients ! The article says you can trigger a positive result if you vape. They say to not vape 30 min before a test, This is the ONLY time I actually started to believe the person was telling the truth This has me stumped. She should have brought the vape and receipt on when it was purchased to prove when she bought it. I also am with the judge, why is he not seeing a ton of vape related positives results on other people, She cant be the only one vaping that takes these tests?
There have been many positives like this. Yet, courts refuse the idea because its not included in the ingredients. However its up to her, just like LE, prosecutors and judges, no one wants to research and give evidence to prove it.
She went from one vice to another vice , dont drink or vape you will get caught everytime and when people donot admit they are wrong it might happen again ! smile you are on candid camera !
One addiction is legal and the other may be legal, but she’s not supposed to be partaking in due to her bond conditions.. so.. what’s your point..?! The “addiction swapping” is NOT the issue.. AT ALL here🙄😑🤦🏾♀️🤦🏾♀️.
@@mr.mclibtard5015Judge Simpson may be wrong about that. However, the terms of her release state that she is not to consume any alcohol and it is her responsibility to find out if anything she consumes, or vapes, contains alcohol. She's still in violation.
@@nancyn6215 Now, I agree but I've been vaping for four years and alcohol is the last thing I'm suspecting to be in it. Shoot, that's like saying I need to check my RC Cola if they made a new variety.
This is interesting as I AM ON drug court probation and regularly have these EtG tests and the analysis of them is often downplayed as "well if its there, theyre positive, they used (alcohol)" With EtG its very different because when you get into the lower cutoffs of the tests (
Fun fact, in a review of vapes, its been found the majority frequently contain ethanol/alcohol as an unlisted ingredient. It's by no means a main ingredient, its probably a very minor amount, but then the testing pulled a 0.2. 0.2 is equal to 2 full alcoholic drinks with symptoms such as dazed, confused, and disoriented. Balance and muscle control have deteriorated, and you may need help walking. Dunno how many people vape, but ive never seen someone take a few puffs then need help walking straight. She was ABSOLUTELY CONSUMING ALCOHOL.
Oh just the caption that shi is ridiculous lol 😂 hand sanitizer can set off a Breathalyzer yes IF they do it right before they breathalyze you…. (You can demand they wash their hands if you see this occur….) but a urine test? there’s no faking that shi…..SO if they breathalyze you and alcohol comes up you can ask for an immediate ETG test… it won’t get you off the hook right away that test takes time to come back BUT at least you have the evidence that you weren’t consuming alcohol because the ETG test is going to show whether you drank or not AND they can get a confirmatory test on that to tell them EXACTLY how much and what you consumed….. but there’s a reason they make you sit and blow again in 20 min if she tests dirty twice in 20 min she’s dirty PERIOD…. It’s not her toothpaste…. It’s not her vape…..THIS LAWYER IS DUMB! SHE JUST QUIT EFFIN DRINKING AND BEING STUPID…..I was in OWI court for 9 months I blew 3 times a week AND had a UA 1-2 times a week RANDOM and I vaped I brushed my teeth…. I even sprayed perfume before I went inside….. never had an issue this is ridiculous the ETG test is super sensitive the only times I blew dirty was because I drank REAL SHI…… if you knew it said you were dirty then you would go and immediately pee for them because your freedom is important…. Why wouldn’t she get a 2nd test to verify…. She knew a vape has alcohol in it THEY ALL DO
Squishy, Nicotine vapes do contain alcohol. It is listed in medical journals as such. It is easy to find the research on it so her lawyer did not do her job. It is ethanol that triggers the positive response and it is not usually listed in the ingredients. Had she looked into it she would have seen there is alcohol in them after the first time it happened.
Yes, e-liquids, the flavored nicotine solution used in e-cigarettes, often contain ethanol, or alcohol, as an unlisted ingredient. According to a 2019 study by Virginia Commonwealth University professor Michelle Peace, all but three of the 56 commercially available vape juice samples tested contained ethanol, and 11 contained more than 10% ethanol. However, a 2016 study found that about one-third of the 31 e-liquids tested didn't have any measurable alcohol in them.
4:05 the whole culture of drug testing has gotten way out of hand this judge just said that this woman can't do anything with alcohol which I would almost just assumed includes using rubbing alcohol as a topical antiseptic or using Reddi-wip because there's alcohol in the propellant. Things have gone way too overboard we don't care if this woman uses alcohol in an industrial sense we care if this woman is out drunk.
Wow judge you wouldn’t do that for anyone else! She is not paying for her mistakes people keep paying her way and giving her the easy way out! Y’all are just enabling her 🤦🏼♀️
I’m an avid vaper of nicotine.. &; I’ve had to take many drug tests since getting serious about my sobriety 6 years ago.. and I still do receive regular drug screens at my methadone clinic even though It’ll be 6 years on April 17th that I’ve been clean.. I’ve earned the privilege to have a months worth of take home bottles.. so, I still need to give urine drug screens. I sleep with my vape in my hand.. i will admit I vape like a fiend.. and I’ve NEVER came up for alcohol or anything else due to vaping.. EVER. And I’ve smoked many different vapes and different liquids and have even made my own. &; I’ve never known anyone else at my HA/NA/AA meetings or methadone clinic who have had a positive urine drug screen from vaping..😅😅🤦🏾♀️🤦🏾♀️. There’s not even a single knuckle head at my clinic or even when I used to be in drug court.. who was dense and smooth brained enough to actually use nicotine vaping as an excuse for failing a drug test.. and if someone was actually dense enough to say such BS nonsense, I’m certain they wouldn’t have been able to keep a straight face🤦🏾♀️🤦🏾♀️😅🤣.
Maybe you should Google ethanol in vaoe juices then... the answer might just surprise you. FYI: The FDA regulates vape juice companies. They require them to pay $2,500 per juice recipe. What they don't require is them to list ingredients. Google can be your friend when used responsibly.
I would say my usual remark to women full of bs... "Girl, bye!" I know exactly which vape would test positive... And so does the court. Bet; she won't present it to the court. 🤣🤦🏿🤣
The US is bizarre. You think not drinking as part of your bail or probation is normal and acceptable? Fit a breathalyser to her car, the problem is with her drinking and driving and not drinking when she's not. Nothing like this ever happens in the UK as you'll never get bail for a DUI that prevents you from drinking and requires regular testing. It's just a massive waste of time and money and serves no purpose at all. I also guess that maths (or math for you lot) isn't Judge Simpsons strong point 0.026 to 0.019 is a 25% reduction which seems like a lot and a sharp reduction in 18 mins and not covered by his smug margin of error comment. If he'd done the math(s) he may not have made such a stupid comment.
My understanding is that the ethanol in a vape can cause a breathalyzer to indicate alcohol if the vape is used too close to the test (around 20 minutes). The attorney should have brought a source for that information to the court - it's not hard to find it.
problem with that is only one source says that. I have yet to find a study or actually science website stating this. Healthline is not a good source. Now there are vape juice that is alcohol, basically you can vape alcohol.
Some people who eat certain foods, their body can turn it to alcohol. I forget what it's called, but it's quite rare. Anyway, that's what I'd go with.😂
Yes it is possible to vape alcohol and get the same effect as if you were drinking. You can get alcohol poisoning with less alcohol with the vape than if you were physically drinking that much alcohol. You would have to drink more alcohol to get alcohol poisoning than vaping the same amount? I'm not sure how much alcohol you would have to vape to get alcohol poisoning or hammered. Yes you can vape alcohol and get a buzz or possibly drunk.
See what REALLY happened is she got a cut and she HAD to clean it out so she used alcohol to make sure it was clean so it got into her system that way. I mean OBVIOUSLY.
A simple Google search reveals research into the issue of some flavored vapes containing ethanol (often undeclared) but that it can only affect a breath test (no affect on blood test) and only if the vaping occurs within a minute or thereabouts between vaping and the test. Waiting the standard 10 to 15 minutes between vaping and the test produces zero positive results. This is as expected, because the amount of ethanol in vapes is extremely tiny. In other words, while ethanol in vapes is a thing, it cannot produce positive results unless the person is vaping in the waiting room and immediately prior to the test, and then vaping between the first test, and the retest, none of which is a thing.
Maybe she accidentally brushed up against a bottle of alcohol at CVS while shopping for her 80-proof toothpaste.
Damn CVS.
I hate it when that happens!
I'm trying to figure out how her lawyer was so unprepared. As ridiculous as the argument is,, Judge Simpson was practically begging her for some kind of argument or proof. If you Google it there are certain times as ridiculous as it sounds where this argument has been held up in court. The whole thing is hilarious especially after the toothpaste argument
😂😂😂😂
CVS didn’t tell her they sold it to her and shouldn’t have….. they should have known and not have allowed her in that aisle…. she wasn’t supervised it wasn’t her fault….
The laugh of the prosecutor when Judge said "well she now knows it's not brushing her teeth" was priceless.
Guess you totally missed the part where her lawyer said she " never said it was her toothpaste huh?
I feel kind of bad for the people who are virtual just attending court not knowing you’re on TH-cam
I saw that expression too, spoke volumes
@@Anonymous-lq2bsthey know he announces that it’s being streamed on TH-cam…. They’re notified…. And they’re told not to give out any personal information out loud and to type it in the chat because it’s being streamed… they’re aware
Probably not nicotine...😂😂
This is simple. Send her for a test. When it comes back clean, have her vape. Then test again.
Wait... that would make sense!!
NO NO NO!!!
No more ridiculous methods from you!!!
Email the judge and suggest it. As a smoker myself, it's something I do at regular intervals through the day. Vapers that I know do the same (sometimes at the same time as me). If that was the cause of the positive results then all the results would be positive
This is the wrong Judge to play FAFO with. He ain't no fool and you ain't going to get anywhere trying to con him. Judge Simpson is very compassionate if you tell the truth. If you lie, you are toast.
The problem is he asserts truth instead of seeking it. I like this judge in general, but he is being far from just in this case given the CLEAR issues with the test. This is wrong.
Seems she was telling the truth. Simpson may not be a fool but he doesn't know anything about vaping.... Sadly neither did her lawyer.
So there was the equivalent of several shots of alcohol while vaping? I call horse pucky.
I could definitely believe it can deliver enough alcohol to trigger a false (well, not really *false* ...) positive on a simple strict up/down test. Ethanol is generally used in the extraction and blending processes for vape oil, so I have no doubt there is some residual ethanol there.
Enough to lift BAC to .0192? I strongly doubt that unless she's chain-vaping her way through the day.
Enough to lift BAC to 0.192? Hells to the F no. Not even FAINTLY credible.
Bruh do you have some sort of mental impairment?
Lol, "horse pucky"
Reading "horse pucky" brought me back to my childhood when my Dad would say that.
Not several shots. 0.0196% , which is lower than the FAA cutoff limit of 0.02%
Judge Simpson is no body's fool.
He is a fool
Unless you're a landlord
Well he can't work out that a reduction from 0.026 to 0.019 is a 25% reduction in 18 mins which seems pretty significant to me and very unlikely to have happened from consuming alcohol but what to I know? I'm not a judge but I can do math(s).
Except he is - there is a reason why he has been recommended for removal from the bench before.
Well if it's not the vape.... It's GOTTA be my shampoo.... or maybe it WAS the toothpaste..... I just din't drink nothin''.... honest, judge
It’s the perfume alcohol soaked into my bloodstream 😂
It was the vape, alcohol is an unlisted ingredient
This is the result of testing conducted in the lab of Virginia Commonwealth University professor Michelle Peace, Ph.D.
Out of 56 commercially available vape juice samples Peace’s lab tested, all but three contained ethanol, and 11 contained more than 10% ethanol. That study, published in 2017 in the journal Drug Testing and Analysis, warned that the implications of vaping ethanol as an e-liquid component are not known.
@@JohnnyTrombonerthis is very interesting information. I had absolutely no ideas that nicotine vapes contained ETOH. So looks many people have actually been driving under the influence without even knowing it…. Very scary tbh
@mr.mclibtard5015 Most of the ingredients of vapes are unlisted.
Just saying ... the FDA is doing another *fantastic job* of oversight....
..... NOT!... as per usual.
I mean, I had a coworker who tested positive for alcohol while on a driver interlock. Turns out the paint thinner he had been using was a denatured alcohol. The interlock company sent an officer to administer another test and to check up on him (at the time he had no idea the thinner was causing him to test positive) and luckily the officer figured out what was up and got him off the hook for a violation.
Sounds like he could have had a whole lot of fumes in his car
@@maryjackson1194
Oh no, he rang as a .03 on the officers device. He had just breathed in enough to have an actual BAC. Winter, nothing was on in the house for circulation.
Yes but that officer probably knew to look out for that because that's on the list of things that can cause false positives and it got on that list because it happened to several people and then they figured out that those people were getting false positives from this somewhat common problem. Glad the cop was educated though cause that could've been a real bad day for him. This lady's argument sucks though for that exact reason.. As judge simpson points out, if vapes were causing this problem they would have known by now because there would be so many people having false positives
I don’t believe your friend lol
@@sonablom Judge Simpson doesn't know everything and NEW vape juices come on the market every day.
In 2017 a study showed that several juices had 10% ethanol. In 2023 a new study showed some vapes contain 40% ethanol per ml.
FYI- Vape juice manufacturers don't have to list ingredients.
The more you know ... the more you actually know.
First and only crime is her parents naming her Unique.
They failed her from jump
Definitely not the only crime or they wouldn't be in court
There are are roughly 6,800 people in the United States with the first name 'Unique.' I guess that's irony.
@@JNDeaux 🤣 Your comment made my afternoon.
@@98f5 She's not in court for a crime. She's in court for a violation. Humongous difference.
15:47
I can hear them whispering:
"Just admit to the alcohol"
😂🤣
Huh? She says "I've consumed no alcohol"
Never heard of so many things causing positives as I have in the last couple of months.
According to research, alcohol only shows up on breathalyzer testing for up to 20 minutes for some vape juice.
Defense lawyer totally unprepared
Defense lawyer was doing her best with what she had to work with. 🤷
@@danij5055 If going vape defense, better be ready to back it up. 5-10 minutes in Google.
As for toothpaste? Mouthwash would have been more plausible.
I'm trying to figure out how the defense attorney can come to the judge with these excuses and look him straight in the eyes and with a straight face blame these bad tests on vape. Last time it just had to be her tooth paste. This might keep her out of jail for a little bit but her much bigger problem is that she can't seem to make it through a day without drinking. She obviously needs help and that help is not coming from her attorney so really all of these lies and excuses aren't really helping her with what the main problem which is her addiction to alcohol.
The biggest issue I have with the attorney is coming in, giving this excuse, and being comfortable saying “I don’t know about how the vape effects the soberlink”. I was able to find multiple articles on this subject before the video even ended. There IS an argument that can be made (it’s not a very good one), but if you’re going to give the excuse, back it up with something.
@@neverdive1059 I was wondering the exact same thing. Does her lawyer not have Google? My main argument against it was this excuse followed maybe one of the craziest excuses. It had to be the tooth paste. I tend to be on the pessimistic side when it comes to scenarios like this one which is a good thing I am not a Judge lol
@@MikeNewman-c4l I try to not be hard on public defenders because they do the best they can with some awful clients and huge caseloads. It also may very well be the case that this defendant sprung the excuse on her immediately before the hearing.
That being said, it took me less that I minute to find multiple articles that would have given her something to say in support of the excuse.
I looked into this and according to google, vape juice can contain ethanol as a unlisted ingredient and it can cause a false positive result in alcohol tests.
With that said, if she didn't vape and retested, she would have a clean test.
I guess courts are going to have to research this and adjust their tether instructions to include the vape information.
Also some sugary foods ferment to the point of causing a false positive as well. There are people that get “drunk” from this issue. I forget what it’s called but there are severe forms of it as well as just slight. But it absolutely CAN happen.
Turns out most have ethanol in them. But like the judge said, it’s her responsibility to make sure no products she consumes contains alcohol
Yes, on her.
I’m an avid vaper of nicotine.. and most have the same few base ingredients in the liquid.. and it’s propylene glycol or vegetable glycerin, nicotine, food grade flavorings that are found in a lot of things most of us consume on a daily basis.. and water.. I’ve had to take many drug tests.. and I still do at my methadone clinic even though It’ll be 6 years on April 17th that I’ve been clean.. I’ve earned the privilege to have a months worth of take home bottles.. so, I still need to give urine drug screens. I sleep with my vape in my hand.. i will admit I vape like a fiend.. and I’ve NEVER came up for alcohol.. due to vaping.. EVER. And I’ve smoked many different vapes and different liquids and have even made my own. &; I’ve never known anyone else at my HA/NA/AA meetings who have had a positive urine drug screen from vaping..😅😅🤦🏾♀️🤦🏾♀️.
ADA recommended mouthwashes are those thar have 21% alcohol. Alcohol is a good antiseptic.
@@apatheticaesthetic.Proud of you 👏🏽
That explains why most vapers are insufferable as donkeys… and that’s rude to all donkeys.
The truth will set her free. She just needs to admit she has hard time quit smoking n drinking
Wow. Just, wow. Kinda like kids who come up with amazing excuses for not doing homework, etc. Our adult sons, who by the grace of God grew into excellent men & husbands, take responsibility for their actions, never whine. Because it didn't work on Mom & Dad.
Heather Adkins looks high af
@jamesrowden303 Of course it is! It’s also from that meth toothpaste she’s been using😂🥴
Vape issue ? What major bull hockey . Think that IGNITER might ignite the mixture ? You know ,fuel ,spark and let's see Air =BOOM . Does she always fire up a bomb ? Bad news if you think Judge Simpsons gonna swallow that one
the flavored nicotine solution used in e-cigarettes - frequently contain ethanol, or alcohol, as an unlisted ingredient.
This has been studied. Vaping a liquid that is 20% ethanol will give a low, detectable reading on a preliminary breath test within 1-2 minutes of vaping. Waiting the required 15-20 minutes resulted in no detectable alcohol in a breath test. I guess it’s possible depending how much she was vaping and how close to testing with the soberlink and how high/low her levels were. But it isn’t very likely. And her failure to re-test is very suspicious
Oh look whos in right bottom courner it the heather that high nodding out for hours and passed out in missed her case
I went and looked it up . Medical studies say that this is a real thing.
Yes. Vegetable glycerin is a sugar alcohol. No clue how sensitive the tests are but it's a known possibility to get a positive test from vape. I don't believe her myself but it's a viable defense. Her prior history it really working against her.
I’ve given multiple urine drug screens to multiple different entities in the past 6 years since getting clean.. and I’ve never once had a false positive because of my nicotine vape; &; I vape like a FIEND. I have had ONE false positive, but, it wasn’t from vaping. It was later disproven by a full lab test and shown to be a false positive, but, I was also getting tested by drug court at the same time and it turned out that it was an issue with my methadone clinic. Also, why would she be the ONLY person this has happened to? It makes zero sense.
@jamesrowden303 It was done by Yale University in 2016 and Virginia Commonwealth University in 2017. Additionally, there are many other studies from around the globe including the U.K. and Australia. The alcohol is contained in the food grade flavorings used. Trump University was a real estate 'program' which were actually 3-5 day seminars and makes it quite unlikely to think anyone there would have been doing published medical research on vape fluids. Why would you think they doing this study?
.2 to .019 in 18 minutes is crazy. There’s something else going on
Agreed but at the end of the day pretrial release is not a right and if, for whatever reason, she can't pass the tests then the court can't be confident that the defendant is abstaining from their drug of choice.
.026 to .019 is not much
It was not .2, it was .02, put on your listening ears.
@@jobustad1691 In 18 minutes? That is a massive drop. You shed about 1.5 points off per hour from drinking. I actually am siding with the defendent on this. Something wrong with the machine or it's not drinking that's doing it.
@@jaythebarbarian195 it is a drop of .007
Vapes do contain Ethanol. This can cause positive tests but not high levels on the BAC. In any case, the rules of bond are no alcohol- period. So even if the vape is responsible for 100% of the positive result the defendant still broke the conditions of the bond.
Here’s another explanation: she drank alcohol.
The only explanation
Take a hair follicle test.
Why does the court allow random folks in their bedrooms to put lip balm on or film the top of their head during a hearing?
cause yo momma was too fat to go to court so they started letting people use zoom, that or covid started it and it never stopped, you decide.
I was hoping for a Ms. Adkins follow-up, too! She was the one falling alseep on Zoom who then disappeared before her case was called, right?
Yeap.. she's nodding in and out 2 different court dates and fell out for good last time..
Guess the vape was more important then staying out of jail.
Is the defendant chewing gum in court? Isn't that a no no in this state? It is in Southern California!! 😲
Nicotine gum...😅
I'm pretty sure this is Michigan, but nonetheless...
Should have just told her to get the vape and the soberlink and when she got the same level vaping he'd believe her..... until then free accommodation...
My Thoughts too. Her lawyer should have researched the name of the vape and alcohol
Is it me or is the defense attorney woefully unprepared?
The court bailiff isn't near as sexy as Deputy Beefcakes......js
I agree!!!
I get tested every 2 weeks and in the last 4 years I've never got a single bad test and i use a vape every day!
The lady in right bottom
corner is high as hell
Tweeker
She was definitely drunk when she picked out that outfit for court. How did her father ride in the same car to court while his daughter had on a red catsuit.
If she thinks it's the vape and she wants the nicotine, just go buy a pack of cigarettes. 😂
Do we ever see miss nodding head case she is feeling no pain
Her first name is Unique??
Not her fault. That is a discussion to take up with her parents.
Born to strip, lol
Omg! WHY WOULD YOU STARY VAPING ALLLLL OF A SUDDEN WHEN YOURE ON THE BRACELET LOL 😂 omg nooo wonder I was guilty until proven innocent in OWI court…. lol this is exactly what OWI court was like every week too LOL….. 😂 the judge actually caught someone at the bar drinking and this girl still tried to lie about it… HE EFFIN SAW YOU DRINKING lol 😂 people are so dumb lol 😂
Sounds like vaping is a good excuse for taking an occasional drink.
😳 .192 is a pretty damn high BAC for a little alcohol in vape juice
But to drop from .26 to .19 in 18 minutes is not scientifically possible if she was actually drinking alcohol.
‘She has not drank alcohol’ says her Walmart lawyer. The defendant tested positive. Boy they are sure grasping at straws. Toothpaste????? How about accepting responsibility for your criminal actions?
I feel like this public defender is probably aware this is a crock, but the defendant is saying one thing and even if everyone in the room knows it's BS, the PD has to take it forward to the best of her ability.
Here is the result of testing conducted in the lab of Virginia Commonwealth University professor Michelle Peace, Ph.D.
Out of 56 commercially available vape juice samples Peace’s lab tested, all but three contained ethanol, and 11 contained more than 10% ethanol. That study, published in 2017 in the journal Drug Testing and Analysis, warned that the implications of vaping ethanol as an e-liquid component are not known.
It toally could've been the vape, and that can potentially be used as a successful defense because it's not on the labels; and no reasonable person would expect 10% ethanol to be unlabeled (see comments on this very video).
@@JohnnyTromboner thank you very much, I did not know that. Sorry if I sounded ignorant
@@krd No worries, I didn't even know until 10mins ago when I decided to look it up out of curiosity. Seemed ridiculous to me too
@JohnnyTromboner Not to mention but I will ... that study is from 2017.
There are even newer studies showing that etonol in vape products (as of 2023) go as high as 40% per ml.
Vape is not well regulated by the FDA *meaning* that vape juice companies do NOT have to list ingredients.
That means people have ZERO idea what is in their commercial vape juice hence they can NOT make informed decisions.
FYI- yes... I vape AND mix my own vape juices... this is only part of the reason why I do.
@@JohnnyTrombonerFirst of all the ingredient is propylene glycol, not ethanol. PG is NOT the same as alcohol, it's merely classified as being in the same family.
Secondly, other people are not popping for alcohol while vaping. But it doesn't really matter because It's up to her to avoid anything that would lead to a positive test.
It's ridiculous and it's not a valid defense.
The Lady eating is annoying!
It's better to admit you're wrong vs try n come up with an excuse thats obviously not valid or even plausible, this attorney should know that
God please stop that woman moving around. She is in court, sit still!
Real simple. Have a negative result and then vape and retest right after. Unless it shows a rise this theory is just gaslighting.
Excuse after excuse maybe she had a drink. Stop using Ouzo as a mouthwash
1:00 Show some respect. Take your hands out of your vest!
Omg you are on court zoom why are you doing your hair ???
Her lawyer was a waste of money, I hope she’s court appointed. She’s awful lol
Heather Adkins, the lady on the bottom right she looks a little high on something. Who is she?
Did she really come to court in a one piece bodysuit that is so tight it looks like it was spray painted on?!? 🤦♀️
She thought that fine ssa bailiff was gon be there😂
I know right!?😂
Oooooh...I'm gonna be on camera! Let me wear this and look as sexy as possible!"
I call BS!!
I'd just make her take the test, then puff on vape for awhile then wait and take another test.
Though maybe do a blood draw instead. No way for the vape to then be the excuse?
Well, if it is the vape, itd be in her blood. Everything consumed is in the blood lol
I do know that an ankle monitor will detect a vape hit, I seen it first hand, but it will not ultimately show for alcohol.
She dont hafta follow no rules cuz she be yewneek! 💅
It would really be nice to hear a defendant say “ Yes, I’m guilty….I violated, I take full responsibility for my actions.” JUST ONCE!!!!
This defense lawyer drives me *INSANE!!!* There’s being an advocate for your client, and then there’s checking your brain at the door and parroting whatever your client says is true. The Judge basically says, “Your client was drinking.” And the lawyer respites, “Well, my client has maintained all along that she hasn’t been drinking.” *THAT IS CALLED “DENIAL,”* and also *BLAME SHIFTING.”* This lawyer does this _all the time,_ and she never wins, lmao!! Give it a rest, already!
I mean everyone is laughing, but it is easy to find papers on the fact the residual ethanol from vaping just before sobriety tests can cause false positives (not in numbers as high as 0.26, but still it was a clever defence if the lawyer had been bothered to bring any of these easily googleable documents to court)
A better lawyer and an expert may have made for a better defense but you gotta have money in this system to do that. Mind you I don't believe her but it would create some reasonable doubt.
@@debunkthejunk1you're speaking absolute facts!!
@@debunkthejunk1 i got railroaded with a charge 12 years ago that I'm still paying for, in the sense that u can't get a decent job, all because i didn't have enough money for an actual defense attorney as opposed to the public pretender i got stuck with! 🤷🏼♀️
@@guesswhat-chickenbutt Yes it's an unfortunate onsequene of the two tier legal system. If you have money you can do what you want and be walking around free, if you don't sit in jail and wait to take a plea deal. I like Judge Simpson and he is very fair. But I think he's a bit off mark here. I think properly prepared counsel would have done a better job. It's a well known faqt vape fluid is alcohol based. The defense is weak given her history but I'd like to see the claim refuted not just dismissed because you can't afford an expert to educate the court.
That being said he's right, you're in trouble and the onus is on you to not do anything to test positive.
Possible. But that’s why the user/client is instructed to take restarts at see intervals. The 15 min plus time between test and retest will clear any residual mouth alcohol from vape, mouth wash, food etc.
When a lawyer explains the law to the judge🤨
"Your honor, the agency responsible for the control of these forbidden substances is
Alcohol
Tobacco and
Firearms.
I'm pretty certain that the Alcohol came into contact with my Tobacco. "
I can't believe she actually convinced her attorney to try that argument.
They're both too stupid to live.
This is Interesting , I love the crazy things people come up with to explain the positive tests, Vapes is 100% a new one to me , but just after 5 min on google I found an article about a study on this exact thing. Vapes can contain ethanol and its NOT on the list of ingredients ! The article says you can trigger a positive result if you vape. They say to not vape 30 min before a test, This is the ONLY time I actually started to believe the person was telling the truth This has me stumped. She should have brought the vape and receipt on when it was purchased to prove when she bought it. I also am with the judge, why is he not seeing a ton of vape related positives results on other people, She cant be the only one vaping that takes these tests?
There have been many positives like this.
Yet, courts refuse the idea because its not included in the ingredients.
However its up to her, just like LE, prosecutors and judges, no one wants to research and give evidence to prove it.
She had a positive test because she drank.
sadly the law is clear no ifs ands or buts
She went from one vice to another vice , dont drink or vape you will get caught everytime and when people donot admit they are wrong it might happen again ! smile you are on candid camera !
Ms. Heather Adkins could have gotten ready before going on Zoom. 😂 It looks like she's using the Monitor as her mirror. 😂
It just amazes me when attorneys say "I suppose our answer would be ..." What kind of preparation is that?
Yeah she replaces one addiction was another and then tries to use that other addiction as giving her a false positive. What the .... what?!
One addiction is legal and the other may be legal, but she’s not supposed to be partaking in due to her bond conditions.. so.. what’s your point..?! The “addiction swapping” is NOT the issue.. AT ALL here🙄😑🤦🏾♀️🤦🏾♀️.
According to Google, there is a specific flavor that contains 23% ethanol. Probably the one she used. But, she isn’t retesting.
Remember folks don’t brush or vape lol
These people lie like they breath.
Is she getting ready for a date?
Haha. Judge straight says tons of ppl vape on it & dont test positive lol
Judge is wrong
@@mr.mclibtard5015Judge Simpson may be wrong about that. However, the terms of her release state that she is not to consume any alcohol and it is her responsibility to find out if anything she consumes, or vapes, contains alcohol. She's still in violation.
@@nancyn6215 Now, I agree but I've been vaping for four years and alcohol is the last thing I'm suspecting to be in it.
Shoot, that's like saying I need to check my RC Cola if they made a new variety.
@@nancyn6215
Alcohol is an unlisted ingredient in some e liquids.
Use your brain
@@mr.mclibtard5015hahahaha what? If this is so common to have alcohol as an unlisted ingredient, can I have an example? Use your brain..I’ll wait.
You’re body you’re fault
I’m so sick of the excuses. I would be checking the ingredients on EVERYTHING before I used it.
Her lawyer sucks!!
This is interesting as I AM ON drug court probation and regularly have these EtG tests and the analysis of them is often downplayed as "well if its there, theyre positive, they used (alcohol)"
With EtG its very different because when you get into the lower cutoffs of the tests (
👍
@@OSGCourtWatch I LOVE YOU SQUISHY!
A sheriff standing behind the defendant is a perfect example of foreshadowing.
The deputies can normally read the Judge pretty well. Always interesting when the deputies multiple and start creeping closer.
Haven't been this early since .. since .. Darn it. Can't say "First" now
Just commenting "first" is a lame and lazy ass comment anyway. Just don't do it.
This attorney is gullible? Or stupid? Or both🙄🙄
Fun fact, in a review of vapes, its been found the majority frequently contain ethanol/alcohol as an unlisted ingredient. It's by no means a main ingredient, its probably a very minor amount, but then the testing pulled a 0.2. 0.2 is equal to 2 full alcoholic drinks with symptoms such as dazed, confused, and disoriented. Balance and muscle control have deteriorated, and you may need help walking. Dunno how many people vape, but ive never seen someone take a few puffs then need help walking straight. She was ABSOLUTELY CONSUMING ALCOHOL.
Oh just the caption that shi is ridiculous lol 😂 hand sanitizer can set off a Breathalyzer yes IF they do it right before they breathalyze you…. (You can demand they wash their hands if you see this occur….) but a urine test? there’s no faking that shi…..SO if they breathalyze you and alcohol comes up you can ask for an immediate ETG test… it won’t get you off the hook right away that test takes time to come back BUT at least you have the evidence that you weren’t consuming alcohol because the ETG test is going to show whether you drank or not AND they can get a confirmatory test on that to tell them EXACTLY how much and what you consumed….. but there’s a reason they make you sit and blow again in 20 min if she tests dirty twice in 20 min she’s dirty PERIOD…. It’s not her toothpaste…. It’s not her vape…..THIS LAWYER IS DUMB! SHE JUST QUIT EFFIN DRINKING AND BEING STUPID…..I was in OWI court for 9 months I blew 3 times a week AND had a UA 1-2 times a week RANDOM and I vaped I brushed my teeth…. I even sprayed perfume before I went inside….. never had an issue this is ridiculous the ETG test is super sensitive the only times I blew dirty was because I drank REAL SHI…… if you knew it said you were dirty then you would go and immediately pee for them because your freedom is important…. Why wouldn’t she get a 2nd test to verify…. She knew a vape has alcohol in it THEY ALL DO
"Smoking is for losers. Vaping is for douchebags" -Family Guy
Squishy, Nicotine vapes do contain alcohol. It is listed in medical journals as such. It is easy to find the research on it so her lawyer did not do her job. It is ethanol that triggers the positive response and it is not usually listed in the ingredients. Had she looked into it she would have seen there is alcohol in them after the first time it happened.
Impossible a public pretender who doesnt do their job? I cant believe that.
Yes, e-liquids, the flavored nicotine solution used in e-cigarettes, often contain ethanol, or alcohol, as an unlisted ingredient. According to a 2019 study by Virginia Commonwealth University professor Michelle Peace, all but three of the 56 commercially available vape juice samples tested contained ethanol, and 11 contained more than 10% ethanol. However, a 2016 study found that about one-third of the 31 e-liquids tested didn't have any measurable alcohol in them.
4:05 the whole culture of drug testing has gotten way out of hand this judge just said that this woman can't do anything with alcohol which I would almost just assumed includes using rubbing alcohol as a topical antiseptic or using Reddi-wip because there's alcohol in the propellant. Things have gone way too overboard we don't care if this woman uses alcohol in an industrial sense we care if this woman is out drunk.
WOKE or DEI lawyer? Clueless, yet argues "something happened" Prepare properly or step down.
Wow judge you wouldn’t do that for anyone else! She is not paying for her mistakes people keep paying her way and giving her the easy way out! Y’all are just enabling her 🤦🏼♀️
I’m an avid vaper of nicotine.. &; I’ve had to take many drug tests since getting serious about my sobriety 6 years ago.. and I still do receive regular drug screens at my methadone clinic even though It’ll be 6 years on April 17th that I’ve been clean.. I’ve earned the privilege to have a months worth of take home bottles.. so, I still need to give urine drug screens. I sleep with my vape in my hand.. i will admit I vape like a fiend.. and I’ve NEVER came up for alcohol or anything else due to vaping.. EVER. And I’ve smoked many different vapes and different liquids and have even made my own. &; I’ve never known anyone else at my HA/NA/AA meetings or methadone clinic who have had a positive urine drug screen from vaping..😅😅🤦🏾♀️🤦🏾♀️. There’s not even a single knuckle head at my clinic or even when I used to be in drug court.. who was dense and smooth brained enough to actually use nicotine vaping as an excuse for failing a drug test.. and if someone was actually dense enough to say such BS nonsense, I’m certain they wouldn’t have been able to keep a straight face🤦🏾♀️🤦🏾♀️😅🤣.
I don’t believe her at all.
Maybe you should Google ethanol in vaoe juices then... the answer might just surprise you.
FYI: The FDA regulates vape juice companies. They require them to pay $2,500 per juice recipe. What they don't require is them to list ingredients.
Google can be your friend when used responsibly.
@@notme2day maybe you shouldn’t be a rude b* stard.
I would say my usual remark to women full of bs...
"Girl, bye!"
I know exactly which vape would test positive...
And so does the court.
Bet; she won't present it to the court. 🤣🤦🏿🤣
The US is bizarre. You think not drinking as part of your bail or probation is normal and acceptable? Fit a breathalyser to her car, the problem is with her drinking and driving and not drinking when she's not. Nothing like this ever happens in the UK as you'll never get bail for a DUI that prevents you from drinking and requires regular testing. It's just a massive waste of time and money and serves no purpose at all.
I also guess that maths (or math for you lot) isn't Judge Simpsons strong point 0.026 to 0.019 is a 25% reduction which seems like a lot and a sharp reduction in 18 mins and not covered by his smug margin of error comment. If he'd done the math(s) he may not have made such a stupid comment.
My understanding is that the ethanol in a vape can cause a breathalyzer to indicate alcohol if the vape is used too close to the test (around 20 minutes). The attorney should have brought a source for that information to the court - it's not hard to find it.
problem with that is only one source says that. I have yet to find a study or actually science website stating this. Healthline is not a good source. Now there are vape juice that is alcohol, basically you can vape alcohol.
Some people who eat certain foods, their body can turn it to alcohol. I forget what it's called, but it's quite rare. Anyway, that's what I'd go with.😂
Yes it is possible to vape alcohol and get the same effect as if you were drinking. You can get alcohol poisoning with less alcohol with the vape than if you were physically drinking that much alcohol. You would have to drink more alcohol to get alcohol poisoning than vaping the same amount? I'm not sure how much alcohol you would have to vape to get alcohol poisoning or hammered. Yes you can vape alcohol and get a buzz or possibly drunk.
If my freedom depended on testing clean and I was told a nicotine vape could cause a false positive…I wouldn’t be vaping.
See what REALLY happened is she got a cut and she HAD to clean it out so she used alcohol to make sure it was clean so it got into her system that way. I mean OBVIOUSLY.
A simple Google search reveals research into the issue of some flavored vapes containing ethanol (often undeclared) but that it can only affect a breath test (no affect on blood test) and only if the vaping occurs within a minute or thereabouts between vaping and the test. Waiting the standard 10 to 15 minutes between vaping and the test produces zero positive results. This is as expected, because the amount of ethanol in vapes is extremely tiny.
In other words, while ethanol in vapes is a thing, it cannot produce positive results unless the person is vaping in the waiting room and immediately prior to the test, and then vaping between the first test, and the retest, none of which is a thing.