Blood alcohol content evidence often serves as the cornerstone of dram shop liability claims, with plaintiffs using BAC levels to establish intoxication and build their case against establishments that served alcohol. However, BAC evidence is not as straightforward as it may initially appear, and experienced defense attorneys understand the scientific and procedural complexities that can significantly impact case outcomes.
At Fahl & Donaldson, our dram shop liability defense attorneys have successfully challenged BAC evidence in numerous cases throughout Texas. We understand that effective defense requires not only legal knowledge but also scientific understanding of how alcohol affects the body and how BAC testing can produce unreliable results.
Understanding BAC Evidence Limitations
Blood alcohol content testing involves complex scientific processes that are subject to various sources of error and contamination. The timing of the test, storage conditions of samples, and laboratory procedures all affect reliability. Many people assume BAC results are infallible, but the reality is that multiple factors can compromise accuracy.
The relationship between BAC levels and actual impairment varies significantly among individuals based on factors including body weight, food consumption, medication use, and alcohol tolerance. A person with a specific BAC reading may exhibit different levels of impairment depending on these variables, which creates opportunities for defense arguments about the connection between test results and actual intoxication at the time of service.
Chain of Custody Issues
Proper chain of custody documentation is essential for BAC evidence admissibility. Any break in the documented handling of blood samples from collection through testing can provide grounds for exclusion. This includes improper labeling, storage temperature violations, or gaps in the transfer documentation between law enforcement, medical facilities, and testing laboratories.
Defense attorneys should scrutinize every step of the evidence handling process, looking for procedural errors that could compromise sample integrity. According to the National Institute of Standards and Technology, maintaining a proper chain of custody is crucial for reliable forensic evidence, and deviations from protocol can render results inadmissible.
Challenging Testing Procedures and Timing
The timing of BAC testing relative to alcohol service presents significant defense opportunities. Blood alcohol levels continue rising after consumption stops, meaning a person’s BAC at the time of testing may be higher than it was during service at your establishment. This concept of “rising blood alcohol” can be crucial in dram shop cases where hours passed between service and testing.
Laboratory testing procedures must follow strict protocols to ensure accuracy. Calibration of testing equipment, proper sample preparation, and adherence to quality control measures all affect reliability. Defense teams should request detailed documentation of testing procedures and equipment maintenance records to identify potential sources of error.
Environmental and Medical Factors
Various environmental and medical factors can affect BAC test results in ways that may not reflect actual impairment during alcohol service. Medical conditions such as diabetes, gastroesophageal reflux disease, or certain medications can interfere with testing accuracy. Environmental factors, including temperature exposure or sample contamination, can also skew results.
These factors become particularly relevant when challenging the connection between BAC evidence and the level of intoxication observable to servers at the time of service. If medical or environmental factors artificially elevated test results, the person may have appeared less intoxicated than BAC evidence suggests.
Establishing Alternative Explanations
Effective dram shop defense often involves presenting alternative explanations for intoxication evidence that do not implicate your establishment’s service practices. This might include alcohol consumption at other locations after leaving your establishment, medications that enhance alcohol effects, or medical conditions that create impairment symptoms unrelated to alcohol.
Documentation of the patron’s activities and condition before arriving at your establishment can provide crucial context for BAC evidence. Security footage, witness testimony, and transaction records from other locations can help establish that observable intoxication resulted from alcohol consumed elsewhere rather than over-service at your business.
Scientific Expert Testimony
Challenging BAC evidence often requires qualified expert testimony to explain testing limitations and alternative interpretations of results to judges and juries. Toxicology experts can address issues including absorption rates, elimination factors, and the relationship between BAC levels and observable impairment symptoms that servers would reasonably notice.
Expert witnesses can also explain how various factors affect BAC testing reliability and help establish reasonable doubt about the connection between test results and the patron’s condition during service at your establishment. This scientific testimony becomes essential when BAC evidence forms the primary basis for dram shop liability claims.
Contact Fahl & Donaldson for Strategic Dram Shop Defense
Successfully countering BAC evidence requires a thorough understanding of both legal standards and scientific principles underlying alcohol testing. The experienced attorneys at Fahl & Donaldson combine decades of litigation experience with deep knowledge of the technical aspects of dram shop defense, giving our clients comprehensive protection against liability claims.
Our firm has successfully defended restaurants, bars, and other establishments throughout Texas against dram shop claims involving complex BAC evidence. We work closely with qualified experts and employ proven strategies to challenge unreliable evidence while protecting our clients’ business interests. Contact our knowledgeable business litigation attorneys at (346) 241-7355 or through our contact form to discuss how we can defend your establishment against dram shop liability claims.