Duke Lacrosse Accuser: Alcohol and Medications are a Dangerous Combination

     One of the [many] things that has bothered me most since first hearing of this case, has been the report of the accuser's intoxication, along with supposedly having taken Flexeril. To be honest, I can't sit here and state whether she was or was not drunk, or whether she did or did not mix a strong muscle relaxant with alcohol. I wasn't there. I didn't see her or talk to her that night.

  However, the information seems to be pretty consistent from witnesses- from the players to Kim Roberts to the first officer on the scene, even to Precious herself - supposedly telling the SANE nurse that she had been drinking, as well as having taken a Flexeril. If that is so, the information should be on the SANE report. Patients are specifically asked: "Are you currently on any medications?" At our unit, we do ask about alcohol intake and we do draw blood for a serum alcohol level test. According to reports, Precious also told the staff at Durham Hospital the next day that she was "feeling no pain." (I have a problem with that statement too. See below)

    

Alcohol In The Body

      Alcohol shows up in the blood within minutes of ingestion. There are two phases: absorbtion and post-absorption. After alcohol has  been consumed, the concentration will be slowly increased while it's being absorbed from the stomach and the small intestine into the blood stream. Once it's been completely absorbed, the maximum blood alcohol level will be reached. Then it begins the post-absorption phase while eliminating the alcohol from the body.

     According to Mary H. Dudley, Chief Coronor for Wichita, KS., who was my Medicolegal Death Investigation instructor, a "drink" can consist of either a 12 ounce can of beer (4% alcohol), a 4 ounce glass of wine (12% alcohol), or 1 ounce of 100 proof liquor (50% alcohol). (Forensic Medical Investigation, 2002)

    According to Dr. Dudley, each drink increases the blood alcohol level (BAL) by 0.02 percent, depending on such factors as whether the person is male or female, the person's weight, whether the person has eaten, the alcohol content of the drink, and how quickly the drink(s) was consumed. The longer it takes for complete absorption, the lower will be the peak alcohol concentration in the blood.

   Under normal social situations, it usually takes anywhere from 30 to 90 minutes from the time of the last drink until the absorption is complete. In many states, the BAL for intoxication is 0.08 percent. Dr. Dudley states, " Most alcohol [one drink] is absorbed in one hour, depending on the variables. Five drinks of any substance within an hour will enable almost anyone to become legally drunk, using the 0.1 percent level."

     Once the absorbtion phase is complete, the body will immediately begin to eliminate the alcohol through oxidation and excretion. The elimination, or "burn off" rate averages about 0.015% w/v ( weight per volume) per hour. However, as also noted in Saferstein's, Criminalistics, that is only an average "that may vary by as much as thirty percent among individuals."

Mental and Physical Impairment

   Resources: Dudley, Mary H., Forensic Medical Investigation, Pg.3-42 (Dudley Publishing, 2002) and Radford University (website).

• 0.01 - 0.05% - Mild euphoria and relaxation.
• 0.03 - 0.12 - Decreased inhibitions, increased self-confidence, talkativeness
• Impaired ability to drive and poor judgment begins after the first drink at 0.05%
• 0.05 - 0.15% Deterioration of judgment and control of inhibitions begins.
• Driver shows decreased reflexes and impaired coordination from 0.05 - 0.08%
• 0.08% Severe impairment. The person is "legally drunk".
• 0.09 - 0.25% Impaired perception, memory, comprehension. Emotional
  liability, crying, or outbursts of anger. Decreased senses; prolonged
  reaction time; reduced visual acuity; impaired balance and drowsiness.
• 0.08 - 0.30 Disorientation, mental confusion, dizziness;
  exaggerated emotional states; increased pain tolerance; increased
  muscular in-coordination; staggering gait; slurred speech.
• 0.25 - 0.40 Mental confusion leading to stupor, coma, and death
  begin. Nearly total loss of motor functions; marked decrease response
  to stimuli; inability to stand or walk; decreased consciousness, sleep
  or stupor.
• 0.035 - 0.050% Complete unconsciousness and depressed or absent
  reflexes; impairment of circulation, respiration, and low body
  temperature; could become incontinent. Death can occur. 

    

Alcohol Mixed With Medications

   

Comments

[Wags]

According to her statement at UNC she admitted to drinking 2- 22 oz bottles of beer before arriving at 610. She was bombed!

Also Investigator Himan in his deposition before the State Bar pg 92 admitted that her UNC records indicated an earlier diagnosis of bipolar, hospitalization, and a long history of psychological problems.