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Impossible DUI?

Posted by Sheridan England | Dec 09, 2023 | 0 Comments

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.

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