A 10 year sentence for a DUI was given to a Virginia man who, according to REPORTS, had a .402 BAC. It's claimed that he ran into a bookstore and seriously injured people including a pregnant woman. We hope anyone injured is recovering.
This case is notable because of the BAC. A .402 BAC is over 4 times the legal limit in Virginia. We question whether this is even possible.
According to the University of Toledo, at .03 BAC a driver might not be awake and could possibly die. The University describes this level as: "Coma – Level of surgical amnesia, onset of coma, possibility of acute alcohol poisoning, death due to respiratory arrest likely in 50% of drinkers."
Yet the defendant is reported to have had a relatively lucid conversation with the arresting officer. A Virginia Beach officer spoke with the driver after he was transported to the hospital where the man reported stated, "I have a problem. I drink daily if I can get it." This doesn't sound like coma level intoxication to us, but this wasn't our case.