Originally Posted by BikeLawyer

The Court opened for a rare Saturday session for the sentencing of Kelly Cox. Cox had consistently told the court, under oath, that she had only had "one glass of wine" despite evidence that she blew a 0.28%BAC - a number which would indicate that she had somewhere around TEN drinks - not one...

With regard to the quote below - the differences in the elimination rate of alcoholics and non-drinkers is not a matter of opinion, but a matter of science.

http://www.ncbi.nlm.nih.gov/pubmed/6745819

Forensic toxicologists will testify that alcoholics develop an ability to get rid of the poison faster than those who do not drink regularly. The "average" elimination rate is around 0.015% per hour. So someone who has, say, maxed out at a .10%BAC and is starting to come down will be at roughly 0.085% after an hour. An alcoholic can DOUBLE that "average" - I've seen it. In one case I handled there were two blood tests taken of the drunk driver - this gave us an ability to measure his elimination rate and it was over 0.03% per hour - more than double the "average" - which was consistent with the research...