Originally Posted by
MKUltra
I suspect the blood test will be below 0.04...
He is a large male with a large lung capacity, more importantly a higher than average lung tissue surface area. Therefore the concentration of alcohol in breath may be artificially higher. The handheld alcotests is notoriously inaccurate.
The blood test probably occurred hours after the initial breath test due to getting a search warrent, allowing for the ethanol to metabolize. The average person is able to metabolize 0.02% BAC/hr.
My guess is with a favorable blood test a decent lawyer will get the court case dismissed..
Maybe.
If they can show how much he had to drink and when, based on credit card receipts, etc. they can reasonably extrapolate his BAC backwards.
The usual defense against extrapolation is that recently consumed alcohol had not yet reached the bloodstream at the time of the arrest, but caused BAC to rise after the arrest before the blood test. The defendant can claim that after a short drive home (if the cops hadn't stopped him), he would have been asleep in bed before his BAC exceeded legal levels.
But in this case he can't really claim that the alcohol hadn't reached his blood without admitting to drinking well inside of eight hours!
Originally Posted by
MKUltra
Dealing with the company is a different story.
Company standard is 0.02, so yeah that's going to be hard.