Adebisi said:
I don't think that's how it works, at all. B.A.C. is a metric for detirmining how much alcohol has replaced blood by volume. It might take him more to drink to get to that .12, but once he's there he's feeling the effects of someone else who drank less but also achieved a .12 B.A.C.
I am 100% certain that you are wrong.
I hate to turn on a Pats brotha, but a lot of what you're posting in here is kind of ridiculous and off point. Is your suggestion that the cops should just ask everybody how drunk they feel, or how big a drinker they normally are?Or should we just raise the legal limit to about .20 just to make sure we don't accidentally ensnare any really heavy drinkers who weren't quite hammered yet?
Dude, they have to set the line somewhere.
Everybody has different tolerances, not to mention different baseline reaction times and coordination when they're sober, but I don't think the justice system would be any more efficient by putting every offender in a 3 day lab study.
If you don't want to be 'victimized' by that .01 my suggestion would be to give yourself some leeway and shoot for .00 instead of .079, or at worst keep it at one drink, unless you're a jockey.
It might be a tough break to do jail time if you're at that wrong place and time, but it's substantially tougher for the guy who gets run over.
The fact is, all these guys, like yourself, who drink a ton then claim they're perfectly fine to get behind the wheel are the exact guys who have produced this staggering amount of road carnage, provoking the .08 limit, and ruining it for everybody who has a couple drinks and wants to drive.
As far as this case, specifically, without knowing all the details I'd say it's simply a case of it being accidental, coupled with a DA who doesn't feel strongly enough about it to bring it before a jury, some good big money lawyers, and a rather apathetic, or maybe very forgiving family.
Or, maybe they're Browns fans and he floated them a couple signed jerseys.
For all we know, they hated that guy who got hit.