Drugs that impact BAC and a timing question

[iiabdfi]

What is the name of your state? VA

Are there any pain medicines or drugs/chemicals that one would be given after an accident that would impact a BAC?
My bf is still dealing with a dui case, and his atty has indicated that betadine could have impacted his reading, as well as an IV he was given after a serious injury in a car accident, all prior to the blood testing. I have been trying to find research to support this or refute this, and have been unable to locate anything.

Also, what does the time of the accident and time of the drawing of the blood matter in relation to the accident? The accident that occured involved no other cars and no witnesses, other than me, and I truly can't attest to the time of the accident or the time that lapsed between the accident and me calling for help. His atty seems to think this is a critical point.

Thanks for any explanations you can offer.

 

[CdwJava]

Are there any pain medicines or drugs/chemicals that one would be given after an accident that would impact a BAC?

Generally, no.

My bf is still dealing with a dui case, and his atty has indicated that betadine could have impacted his reading, as well as an IV he was given after a serious injury in a car accident, all prior to the blood testing. I have been trying to find research to support this or refute this, and have been unable to locate anything.

For a lot of money, his attorney can bring in experts that will argue anything. However, betadine is a non-alcoholic swab so it shouldn't have any effect on the BAC.

Money will buy him an aggressive defense. It probably would not work, but it would be a doozy to watch!

- Carl

Also, what does the time of the accident and time of the drawing of the blood matter in relation to the accident?

Most states view a two hour delay as sufficient for a good and valid reading. Even then the argument is subject to rising or lowering BAC. (He can ask his attorney what that means)

The accident that occured involved no other cars and no witnesses, other than me, and I truly can't attest to the time of the accident or the time that lapsed between the accident and me calling for help. His atty seems to think this is a critical point.

It might be. However, if he was STILL over .08 and a lot of time had passed, then it is very likely that the state will argue that he had to have been higher at the time of the crash.

- Carl

 

[SillyPuddy]

The Ignition Interlock company that manages my interlock asked me if I took either of 2 or 3 medications when I signed up, apparently because the medications can produce false positive or elevated BAC readings. But, don't recall any of them being the medications you've mentioned.

 

[panther10758]

Medications almost alwasy read not to drink alcohol while taking. The arguement in favor of impairment could be made if defense was taking of meds. Its not going to win any case only change charge. The young lady's BF has serious charges if he had an accident while drunk/impaired and waging a defenselike this cannot win and might get him maximum sentence which could be prison

 

[iiabdfi]

The other side is saying a year loss of license and probation. No jail time or anything. His atty wants to appeal based on the things I told you.
Thank you for the concise, helpful answers.

 

[CdwJava]

The other side is saying a year loss of license and probation. No jail time or anything. His atty wants to appeal based on the things I told you.
Thank you for the concise, helpful answers.

Appeal? So, he has been convicted already?

These are issues that should have been raised at trial, they are not issues to be raised on appeal. On what grounds is he basing an appeal?

- Carl

 

[iiabdfi]

He was convicted, and his atty immediately asked for an appeal and they gave him his license, etc back.
While we were in the lobby, 2 of his attorney friends came out of the courtroom and the first thing they did was laugh and say "YOU ARE APPEALING THAT, RIGHT?!?!?" and laughed. The appeal is based on the fact that I was the only person there and our accident was quite severe and he suffered a severe injury. I had to get him out of the car and up an imbankment and I have no idea if I was "out" and if so, for how long, prior to getting us out of the car. SO, long story short, his atty is arguing that there is no way we can guarantee that the BA reading was done within 3 hours. There were also some inconsistencies in the arresting officer's statements.
Oh, and we are awaiting medical records from the hospital to verify the other meds he was given on scene.

Honestly, we are both ready for it just to be over, accept the punishment, learn from it, and move on!