The results of the blood sample taken from Cowboy and former Illini Josh Brent following his involvement in the car crash that took the life of his teammate Jerry Brown have come back, and it doesn’t look good for Brent.
According to the AP, Brent had a blood alcohol level of 0.189, which is over twice the legal limit. It has not been stated whether this result reflects “whole blood” or “serum blood;” in Illinois we use a whole blood standard and serum blood results have to be converted (always downwards, the Illinois State Police regulations call for an 18% reduction). Even with a 20% reduction, Brent would still be around twice the legal limit.
Another question that I have is: when was the blood drawn? Alcohol in the blood would either be in an absorption or elimination phase, and depending on the length of time between consumption and the blood draw, Brent’s BAC might have been increasing or decreasing from the time of the crash.
In addition to these issues, in order to avoid a conviction, Brent’s attorneys will have to argue that there was something improper about the way that the blood sample was collected or tested, or that there was a medical explanation (such as internal injuries) to explain the inflated BAC.