.104 is more than 25% over the legal limit, and that level of inebriation can be a factor in elevating any crime committed while that drunk, for reference. It sure as Hell ain't close to sober and clear thinking.
Ever here of fermentation after death effecting the BAC of a dead victim?
Years ago, I was hired by the widow of a retired Army officer who drowned on a fishing trip. A life insurance policy excluded coverage if the insured was intoxicated at the time of death. An autopsy by the state medical examiner reported blood alcohol of 0.20 gr/%. But both the widow and her late husband’s fishing partner swore he had had nothing to drink. At first we thought the county coroner, on whose property the drowning occurred, might have messed with blood samples.
When I contacted an independent pathologist, I learned that fermentation could have produced the blood alcohol score
