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Lawmoe, Lawyer (JD)
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Experience:  Lawyer with 19 years of litigation experience in state and federal court systems.
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If a person consumes 3 coors lights in the span of a little

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If a person consumes 3 coors lights in the span of a little more than an hour, then aXXXXXhome and the car breaks down, consumes three more shots of licquer while waiting outside for police to come and help in weather that is snowing and temp is 30 celsius. he waits approx 35-45 minutes after shots are taken before taking breathilizer by police (which is how long it takes them to arrive)and blows a .104 at scene. He weighs approx 175lbs and 5'10". Could the three shots of liqcuer attributed to the .104 breathalyser? If so, what alcohol percentage would the shots need to be in order to blow a .104?
Have mock case in 2nd year law school for prosecution-need info for class.

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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