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While I am not a physician, I honestly can't see how it could have any impact.

There's a little complication here: hypothermia CAN change the breath alcohol reading; there have been a couple of papers published showing that mild hypothermia can cause a breathalyzer to read noticeably higher (about 20% higher) than it should based on the actual blood alcohol concentration. However, the same study found that it had no impact on the blood alcohol decay curve.

If you're hoping to get out of a DUI this way, from a legal standpoint it doesn't really matter WHY your blood alcohol concentration was over 0.08%, it only matters THAT your blood alcohol concentration was over 0.08%. If it was a breath test only, you might be able to argue that you read higher than you should have because you were cold. If they actually took a blood sample, then the concentration was what it was and you're pretty much hosed.

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13y ago

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