[saleman]

First, it says the wreck occured at 7:30. I didn’t see where it says the test was taken at 10:30. Maybe I missed something, but I don’t think so. Also, it does say that he had a drink at 6:00. If so and you took a BAC reading at 7:30 then an average person would show a BAC of .02 if you had no alcohol in your system at 6. As for MA law. That doesn’t even make any sense. Thank you MADD. Impaired is impaired weather you are 12 or 21 or 45. IMO .08 is just a tool for more revenue but that discussion is for another day.

[OCCASparky]

Okay, what part about being drunk and under 21 confuses you? He blew a .02 HOURS after the accident. IOW, he had a significantly higher BAC at the time of the accident, and being under the age of 21, was legally drunk HOURS after the accident.

Now call me crazy, but I'm guessing your BAC doesn't go UP after you stop drinking, and .02 is ILLEGAL if you're under 21 in MA--ergo, he was legally drunk at the time of the accident. Period, end of story. He shouldn't have had anything, PERIOD.