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Understanding Alcohol Liability: Key Issues and Test Data Analysis

This comprehensive overview explores frequent alcohol liability issues, emphasizing their timelines, consumption history, and how they relate to various establishments. It covers the physiological and behavioral aspects of alcohol tolerance, contributory negligence, and differences in blood and breath alcohol levels. The document also examines the chain of evidence in both hospital and forensic lab contexts, discussing post-mortem samples and the integrity of alcohol swabs. Innovative legal concepts like the hip flask defense and involuntary DUI are analyzed, highlighting gaps in credibility and their implications.

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Understanding Alcohol Liability: Key Issues and Test Data Analysis

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Presentation Transcript

  1. Frequent Alcohol Liability Issues • Timeline Data Points • Consumption • History v. Test Data • Multiple Establishments A → B → C → D → • Tolerance • Behavioral • Physiologic • Contributory Negligence/Apportionment • Drunk v. Drunk • Auto Pedestrian • Motorcycle/Bicycle • Behavioral Observation v. Prediction • Passive Observer v. Field Sobriety Testing • Per Se BAC v. Impairment v. “Visible Signs” • Blood v. Breath Levels • Hospital v. State Forensic Lab Samples • Serum v. Whole Blood • Chain of Evidence • Sample Integrity (e.g. alcohol swabs) • Post Mortem Samples • Hospital v. Crime Lab Samples • Serum v. Whole Blood • Chain of Evidence • Sample Integrity (e.g. alcohol swabs) • Novel Concepts: • Hip Flask Defense • Involuntary DUI

  2. BAC TIMELINE Credibility Gap TEST DATA HISTORY

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