Originally Posted by
Ciceda
Interesting, I figured they would try to use time difference to say that he was close to the brethalizer values at the time. If the above is true, he may have a case.
Not hardly. The breathalyzer itself was two and a half hours after he was removed from the cockpit so you need to add .016 x 2.5 to his .046 breathalyzer reading to get what his level was when he was arrested. That gives him a .086.
But regardless, when he - on his lawyer’s advice - refused an earlier BAC, he screwed himself legally.
He probably ought to be suing the lawyer for malpractice that told him to refuse the test until they got a court order. That move put the final nail in the coffin.