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Every person has a different metabolism and absorption rates vary. Additionally, absorption depends on weight and food intake. It is conceivable that three beverages could put a person over the legal limit, but unlikely given the size and weight indicated.
Also, the test that is used can also be critical. A urine test is notoriously inaccurate and may be measuring an alcohol content that is inconsistent with blood alcohol.
A breath test at the scene is also inaccurate in many cases. The device is susceptible to weather and temperature specifically. A breath test at the station is far more accurate, but, like any test, also has a variable of scientific error.
Post driving consumption is always a defense. If he can show he consumed alcohol after driving, he has a defense. There would have to be some evidence as to the availability of alcohol at the scene and, of course, corroborating witnesses are helpful.
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