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Wednesday, October 28, 2009

Suspect blames steak for failing Breathalyzer

In Sheboygan, Wis., a man with previous DUI convictions blew .07 during his regular check-in with a court-ordered intervention program. He denies drinking and blames his results on a Jack Daniels steak that he ate the night before. (You can apparently get J.D.-infused steaks at TGI Friday's or your own kitchen, should you possess the proper ingredients, i.e. steak and whiskey.)

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Comments

JD lingers on your breath a wee bit longer than a cabernet reduction sauce.

There are more than a few problems with this argument, but I will try to lay out a few of the more glaring ones in case another idiot is tempted to try something like this.

1. In order to have a BAC of 0.07, an individual has to consume (on average - one and a half to two drinks (12 oz. beer, 6 oz. wine, 1 oz. spirits) within the last hour (based on weights of average adults).

2. Heat causes alcohol to evaporate out of sauces and marinated meats (which is why T.G.I. Friday's doesn't have to card you when you order one of these steaks and/or burgers).

3. No individual steak or serving of sauce is going to contain 1 1/2-2 oz. of whiskey even when uncooked, let alone the several ounces that would have to have been present to for it to have been metabolized down to a 0.07 BAC.

4. What he is trying used to be called the 'cherries jubilee' defense, after many socialites and actresses tried to use it back in the 70s to get DWI charges dismissed claiming that "oh no, officer, I haven't had anything to drink, it must have been the cherries jubilee dessert I had with my lunch'.

Automatic BS call.

There are a lot of alcohol myths but this takes the cake (I mean steak). For some others see:
http://www.lifeguardbreathtester.com/Self_Monitoring/drinking_myths.shtml

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