True, but without knowing specifics my hope would be a judge wouldn’t accept tests in which the defendant just self-reported, as that’d be subject to very obvious falsification. But maybe he/she did accept such a diagnostic, I don’t know.
Okay, but that tidbit has literally nothing to do with this woman or this case, for self-evident reasons.
The fact that she was registered at 0.33 when arrested and was cognizant suggests she wasn’t an end stage alcoholic at the point you’re talking about. For most of their “career” as a heavy daily alcohol user people like that will typically be able to remain functional at high BACs versus non-chronic alcohol abusers. While we don’t know all the details of the diagnostic, she registered a 0.36 during that and ostensibly wasn’t in the emergency room at the point of death. You’re talking the very end stage of the disease when they’ve irreversibly damaged their liver nearly to the point of it being fatal. The progression of liver disease from chronic alcohol abuse is not a uniform, predictable process. Some people can abuse alcohol for their entire lives and die of some unrelated other natural cause at old age, some people die as early as 35-40 from cirrhosis.
Most normal people who have not developed a high tolerance to alcohol, above about .15 are extremely intoxicated, and above .20 will experience severe degradation in motor skills, memory black outs, some people will start to slip out of consciousness in the .20-.25 range, many people will experience extreme nausea and vomiting.
Above .30 is a serious BAC for a non-tolerant drinker, with death being possible in that range (increasing in likelihood as BAC goes up, above .40 is deadly for a large portion of non-tolerant drinkers.) The levels above .30 are enough that many times, young college drinkers who engage in dangerous forms of binge drinking (bonging beers, taking a rapid series of shots etc–things that compress a lot of alcohol into a short time window) often are reported as having BACs in the .3+ range, sometimes when they die. Gordie Bailey, a University of Colorado undergrad, died of alcohol poisoning at .32 BAC, as an example.
This woman was moderately functional–meaning she was able to actually drive a car, stand up etc. She was reported as having the signs typical of drunkenness–bloodshot eyes, slurred speech, motor impairment. But at .32 BAC if she seriously had the sort of reduce liver function you’re talking about she’d likely be dead. The fact that she had signs of drunkenness suggests she probably wasn’t often that drunk, because I’ve heard of and seen alcoholics who have BACs in the .3+ range and do not have the obvious signs of drunkenness, which comes from a long time of extreme chronic alcohol abuse.
I think she had increased tolerance to alcohol, and certainly wasn’t at the “end stage alcoholic liver” point. Now, does she have auto-brewer syndrome, and that is how she built a tolerance? Or does she drink heavily and frequently, the most common and ordinary way of building alcohol tolerance? I don’t know–but I don’t see a reason to assume one way or the other without some further information made available.