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Yeah, in this case it wasn’t a blood test but a breathalyzer test, and the major concern was the time between arrest and testing—she might have been sobering up or she might have been absorbing the last drink and she was a few minutes from home. There was no evidence presented that would allow us to know.

0.08 might be too high a limit for sure, I hardly ever drink myself, but that’s the legal limit in Texas.




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