Originally Posted by
rickair7777
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!
Company standard is 0.02, so yeah that's going to be hard.
I agree, but in pre trial, if the blood drawn is less than .04, there is no case.. if it goes to trial, than yes extrapolation and evidence will be used against him. All depends on the blood. Hopefully he is already checked into a rehabilitation program.