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Frequent Alcohol Liability Issues

Frequent Alcohol Liability Issues. Timeline Data Points Consumption History v. Test Data Multiple Establishments A → B → C → D → Tolerance Behavioral Physiologic Contributory Negligence/Apportionment Drunk v. Drunk Auto Pedestrian Motorcycle/Bicycle

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Frequent Alcohol Liability Issues

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  1. Frequent Alcohol Liability Issues • Timeline Data Points • Consumption • History v. Test Data • Multiple Establishments A → B → C → D → • Tolerance • Behavioral • Physiologic • Contributory Negligence/Apportionment • Drunk v. Drunk • Auto Pedestrian • Motorcycle/Bicycle • Behavioral Observation v. Prediction • Passive Observer v. Field Sobriety Testing • Per Se BAC v. Impairment v. “Visible Signs” • Blood v. Breath Levels • Hospital v. State Forensic Lab Samples • Serum v. Whole Blood • Chain of Evidence • Sample Integrity (e.g. alcohol swabs) • Post Mortem Samples • Hospital v. Crime Lab Samples • Serum v. Whole Blood • Chain of Evidence • Sample Integrity (e.g. alcohol swabs) • Novel Concepts: • Hip Flask Defense • Involuntary DUI

  2. BAC TIMELINE Credibility Gap TEST DATA HISTORY

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