The legal system recognizes expert witnesses based on “knowledge, skill, experience, training, or education.”1 Your 35+ years in hospitality and entertainment management, which includes hands-on experience with alcohol service, responsible beverage training (TIPS/ServSafe), and dealing with intoxicated patrons, provides a unique and valid basis for this type of analysis.2
While a toxicologist can discuss the pharmacokinetics (how the body processes alcohol) at a biochemical level, your expertise lies in the practical application of that knowledge within a licensed establishment. You understand how drinks are served, how quickly patrons consume them, the common signs of intoxication, and the factors that influence apparent intoxication in a real-world setting.
You wouldn’t be performing lab analyses or offering opinions on the precise physiological effects of alcohol at a cellular level. Instead, your “reconstruction” would focus on:
Estimating consumption: Based on receipts, witness statements, and typical serving sizes.
How many drinks would it take for someone of a certain size to reach a level of intoxication where certain behaviors (stumbling, slurring, aggression) become evident.
Given the estimated consumption, were the signs of visible intoxication present and should the staff have recognized them?
Your BAC reconstruction analysis often complements the work of a forensic toxicologist. The toxicologist can confirm the actual BAC at the time of testing, and you can then provide the operational context and translate that into what it meansin terms of responsible service practices leading up to that point.
Leveraging extensive experience in alcohol service and responsible beverage management, I analyze available evidence such as bar tabs, credit card receipts, witness statements, and security footage to reconstruct a patron’s likely alcohol consumption patterns and estimated Blood Alcohol Content (BAC) at critical times. This analysis considers factors like drink types, serving sizes, and a patron’s observable behavior, providing crucial insights into the progression of intoxication within the establishment and whether visible intoxication should have been recognized by staff. This service complements forensic toxicology, providing the operational context of alcohol service in a real-world setting.
Why it’s crucial: This service helps establish a timeline of alcohol consumption and its correlation with a patron’s behavior, which is vital in determining if over-service occurred or if staff failed to identify signs of visible intoxication, a key element in dram shop and liquor liability cases.
