Judge Kelley concluded that the evidence was not sufficient to prove that Naylor was so impaired that he was incapable of safe driving or that the traffic accident caused by Naylor driving over the center line and into oncoming traffic was due to alcohol. Naylor’s blood alcohol level, based upon a serum plasma test was .085. However, blood alcohol content (BAC) is determined based upon the whole blood level. After converting the serum plasma result, Naylor’s blood alcohol level was determined to be below the .08 BAC limit.
The Commonwealth is considering filing an appeal.
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