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Here is an article from one of our Technical Expert Witness', who provided expertise in a case that we consulted on.
Tolerance is a very Useful Bio-Mechanism
Acquired Tolerance is often forgotten by the defense in DWI alcohol or drug tria1s, but it can be easily used to show that the police officer was not honest in his DWI report on your client. By repeated intake of alcohol or for many drugs, the body will take on a protective resilience, where that amount no longer affects you. My published office test can clearly show that your client was tolerant at the time of the car stop or m.v. accident. When you are tolerant, you will not show any DWI symptoms & would be able to give complex pedigree information & pass the standard field sobriety tests, SFSTs. However, the police SFSTs, as formulated by NHTSA or US DOT, are so convoluted that many humans will fail them, even when sober. The law has adopted these legal levels to make it super easy to get the maximum number of DWI/DUI convictions. It is based on the false premise that “EVERYBODY IS THE SAME” governmental mumbo jumbo. When one becomes tolerant towards alcohol intake, one also simultaneously gets tolerant towards a host of drugs.
When the legal limit is dropped from 0.10% to 0.08% BAC, one is less likely to be impaired at this level, due to their tolerance. I have tested a lot of CDL [commercial driver’s licensed individuals], & I have yet to see any CDL holders, who were impaired at the 0.04% cut off for truckers. Underaged Drinkers: many of these individuals, whose recently adopted Zero Tolerance’s legal cut off value is at 0.02% BAC, are not impaired @ 0.08% or higher, since many of them have imbibed alcoholic beverages in grammar or high school. Many nationalities want their children tolerant towards alcoholic beverage intake, to protect them from being involved in serious accidents or rapes, etc. which would occur, when one is not tolerant. Tolerance is also useful in dram shot & host/hostess cases, since a tolerant individual will show no signs of being intoxicated to a trained bartender or vigilant host/hostess.
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