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Old 03-13-2010, 01:25 PM   #851
Newbiesaukee
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Default The answer is not so simple....

I also tried to investigate this on the internet. The Wiki answer is simplistic and assumes that there is a fixed and unchanged BAC. If this were true, then losing blood would NOT affect BAC. But this is not the real world situation. There are legitimate questions regarding how blood loss and shock could affect BAC. BAC is obviously related to the speed with which alcohol is absorbed into the blood (where it is measured) from the stomach/GI tract. If, for example, a person ingests alcohol and then almost immediately gets into an accident resulting in cardiovascular shock, then the alcohol absorption would be delayed. A blood sample taken very soon after an accident might have a low BAC because the alcohol has not yet been absorbed into the blood and cannot be measured.. As the person recovers, the alcohol is later absorbed so that 3 hours later the BAC is actually HIGHER than at the time of the accident. This kind of argument and data are on the internet. The argument that the defense has used in some of these DUI cases is that even though the later BAC is high, at the time of the accident, the alcohol has not yet entered the bloodstream. Therefore, it had not reached the brain and there was no impairment at the time of the accident even though the BAC well after the accident might be high.

I am not an attorney, I have no personal interest in this case and I agree that we should wait for all the information to be presented and wait for the jury make its statement. The circumstances in the case may well be different.

Even though the defense toxicologist may be a hired gun, a few minutes on the internet can determine she does have real credentials. Whether what she says is true in this particular case is certainly arguable and the prosecution must argue it.

My whole point is that things which seem simple and obvious are not always so. And Wikipedia does have its limitations.
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