My son was in a serious motorcycle accident. He had been drinking- 2 beers in 4 hours. When the accident occurred he was riding a motorcycle and his bladder burst. Would this affect the blood alcohol reading- which came out 3 times the legal limit? They didn’t do a Breathalyzer or blood test. They are blaming my son for the accident because they say he was too drunk to drive. They are going by the police report indication that my son smelled like alcohol. He could not be tested there because he was not breathing at the scene.He was thrown over 100 feet possibly because another car hit and ran, dragging him under their car. The other vehicle ,made a left straight in front of him. He impacted the passenger wheel well , went over the car. He had the right of way. Any information you could give me would be most helpful.
The Police are making my son at fault even though he had the right of way and this person pulled directly in front of him. He went from a 210# strong healthy guy to a guy-180#) who can barely walk. Don’t get me wrong ,I am so grateful he lived but the “blame”- doesn’t add up to me.
My son survived the accident with 3/4 of his body injured. The medical bills are close to 3/4 of a million dollars. The other driver had $15,000 of medical insurance. My son is hypoglycemic also. Can you take this all into consideration and give me some advice.
If there was no test, where are you getting the 3 times the legal limit thing? There must have been a blood test when he got to the hospital. He should take a look at his admitting report.
“Only two beers” is the answer every drunk driver who has ever been pulled over in the history of the world has given when asked how much he had to drink. Sorry to hear about your situation, but are you sure your son is being honest with you? It’s possible that he’s not telling you the truth because he’s embarrassed and/or ashamed of his actions.
As mentioned above, 2 beers in 4 hours should equal a blood alcohol level of zero. Regular beer (or wine or a shot of 80 proof alcohol) metabolizes at a rate of 1 per hour for someone your son’s size. I am also very confused about how they measured his blood alcohol level with no test. And yes, “only two beers” is the standard answer almost all people in such accidents admit to.
I am very sorry about your son but the story doesn’t make sense. That doesn’t mean a good attorney may still be able to help however.
The OP says they DID do a blood alcohol test…I think the hypothesis is that maybe when his bladder ruptured, beer went directly into his bloodstream, thus making the BAC misleadingly high. I guess maybe this could happen *if * there were also other internal injuries, which seems like a reasonable assumption (otherwise the beer would just have been sitting in the pelvic space). Most beer is about 5% alcohol, and a big guy has maybe 6 quarts of blood, so the math seems like it approximately works. (12 oz of 5% alcohol mixed with 192 oz of blood yields a solution of .035% alcohol, which is a bit over 3 times the legal limit). Of course, this assumes that the second of those two beers was chugged just before he got on the bike.
Definitely the OP’s best bet is to get a good attorney, who could (among other things) consult with a trauma surgeon to see if the above scenario is at all plausible. I wouldn’t bet on the jury buying it, though. And of course it still wouldn’t explain why the cops said he smelled of alcohol. Overall the simplest explanation by far is that he just drank more than he was willing to admit.
“Bladder” as in the internal organ that holds urine? Why would there be beer in there? Or a higher concentration of alcohol in there than in the blood, for that matter?
Oh, wait, I’m an idiot! By the time it got to his bladder, it wouldn’t be beer anymore, just pee. He would have needed his stomach to rupture for that rather byzantine theory to make any sense. So, we are left with the theory put forth in the last sentence of the above post.
I hope that the OP’s son’s wounds continue to heal and that she is able to obtain quality legal representation.
While the OP does pose a factual question, “Would [the fact that his bladder burst] affect the blood alcohol reading- which came out 3 times the legal limit?” that question isn’t likely to receive a definitive answer here. The remainder of the OP seeks legal advice. We don’t do that here.
I’d suggest posting your question at a place where they do give legal advice, like lawguru.com or better yet, hiring an attorney.