Need Reply For DUI charge

[princymelba]

Hello.. today when i was just going through the newspaper i came across this news for dui charges.. I wanted it to share with you all and wanted to know that what experts think about this case and what would happen next... The guy who was arrested for dui charges crashed 4 cars and some people were injured and he just lost consciousness for minutes, then they took him by ambulance and in the emergency they drew blood that later was 36% for alcohol, then about 12 hours later after he was discharged from hospital they sent him for another samples that was 17%.
the only point now is the emergency report that only says "patient was in complete consciousness ,the general condition is stable, with no apparent injury and a blood sample was drawn" .
My question is there a way to find a crack in this case, regading the mismatch between the 36% and the hospital report, and what about the second blood test of 17 %???

 

[HighwayMan]

My question is there a way to find a crack in this case, regading the mismatch between the 36% and the hospital report, and what about the second blood test of 17 %???

What is the point to this post? Deal with your own homework assignment please.

At 36% blood alcohol the individual would be dead. I suggest doing research on the topic so you at least have a very basic understanding before you go asking silly questions.

 

[CdwJava]

What's the mystery ... he went from .36 to .17 in 12 hours. One would expect a drop in BAC of up to .18 in that same period of time, so it's about right for the high end of the purge rate. Also, depending on what test was used for each test there could be a difference in how the BAC was determined (whole blood, vs. plasma, vs. breath, vs. urine).

 

[ashleygreen]

36% is very high.. didnot he dead?
0.36 - 0.17 = 0.19/0.02 = 8.5 hours. So essentially the lowering of the accused's BAC is slower than that of normal. No big deal. Failing to understand what you even mean by "crack in the case". BAC taken at the time is what counts, not the reading when you leave the hospital.

 

[quincy]

36% is very high.. didnot he dead?
0.36 - 0.17 = 0.19/0.02 = 8.5 hours. So essentially the lowering of the accused's BAC is slower than that of normal. No big deal. Failing to understand what you even mean by "crack in the case". BAC taken at the time is what counts, not the reading when you leave the hospital.

Both can matter, ashleygreen. And the BACs princymelba quoted are probably incorrect anyway, if any of what princymelba wrote is correct.

 

[CavemanLawyer]

Hospitals almost always test plasma or serum as opposed to whole blood which is what is used to determine BAC for legal purposes. Its a simple conversion (divide by 1.16). If the hospital's results were .36 that equates to about a .31, still way over the limit. As already mentioned the BAC would peak at some point and then begin to dissipate. I don't really understand the question either. It sounds like the DA is going to have some pretty compelling medical evidence for their case.