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So, because he had a few.....not drunk he shouldn't intervene?
That is ludicrous, blowing a .04 at the end of the evening is not impaired, it is half the ludicrously low .08 threshold for DUI
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You didn't read my posts very well did you? I never said he shouldn't have intervened. As for his bac, if you think he only had 2 or 3 drinks, you might as well still believe in Santa Claus. It could very easily have been hours after the fact before his bac was checked. If it was 2 hours, then he would have been legally intoxicated. If it was 3 hours, that puts him above .10. What I am saying is choosing to drink after making the choice to carry was irresponsible and he was probably well above .04 at the time of the shooting. I am not judging his actions in choosing to shoot because I wasn't there and don't know what happened.
Fyi, there have been a lot of people get out of DWI's because their bac wasn't checked until much later at the station. The prosecutors are well aware their bac was above the limit when they were stopped but that doesn't matter in court because all that matters is what it was when checked. I think it is safe to assume that the individuals responding were more concerned with trying to save his life, as they should have been, than checking his bac.