Quote:
Originally Posted by chaseisland
Usually I like to keep my posts humorous, however I have some experience in the field of alcohol testing so thought I'd put some straight skinny out there.
1. MP do not carry evidential breath instruments onboard. They may have a PBT (pre-arrest breath test) instrument, but it does not comply with NH law to supply a preserved breath sample for the defense.
2. In serious accidents the charged individual cannot withdraw their consent to have a sample supplied. That is, a sample will be taken and they can't say no.
3. Obtaining a sample six hours after an incident is not all that unusual. True, the quicker the sample is obtained the easier it is for the state to prove their case.
4. Back calculation from a known BAC (blood alcohol concentration) is an easy calculation. The number of hours from the incident times 0.015BAC per hour plus the BAC at the time of the test will give an excellent approximation of the BAC. Yes, I agree it is an approximation.
5. If the state's expert is who I think she is, she can handle that calculation and all other pertinent questions.
6. There is no legal limit for a BAC level. It' called a "Prima facie" level and it means that on the basis of that number (0.08 BAC) lacking any strong rebuttal, then the trier of fact has to accept that evidence as true.
7. Now, IMO if you have one drink don't drive a boat or car, for you or your decisions are influenced in some manner. Ideally, a 0.00 BAC for all drivers is what would keep this question moot.
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I'd like to comment on line 7. (and this is IMHO) At my age, alcohol even in small amounts, effects me much more so than it used to. Drinking on an empty stomach and certainly being out in the hot sun can heighten the effect of even one drink. I'll have a beer or wine after an afternoon on the lake back at the dock and can really feel the results quickly. We'll have a cooler along with some cold ones for quests, but for me, as the operator, never until we return home. It's my belief that some people would get behind the wheel of a boat after drinking but not behind the wheel of a car.