There are many situations where you really do not need a lawyer. Most disputes can be resolved between reasonable people. This is not one of those situations. If you are faced with this situation or a similar situation, hire a competent attorney immediately.
A live, healthy body does not produce ethanol. At death, however, the body starts producing ethanol naturally. Also, the body’s natural filtering process (kidneys, liver and such) no longer works to remove this naturally occurring ethanol. This phenomenon is enhanced when the body suffers open wounds or heat. The result is a false drug test that shows alcohol in the body. Often the levels of alcohol are extreme.
Neither an insurance company nor an at-fault driver should prey on this fact and your feelings about your loved one to deny insurance coverage or deny liability. Unfortunately, resolving this dispute often requires hiring experts and litigation. Other false positives may result in taking over the counter medications or supplements. We have handled this situation before and welcome the opportunity to assist you. -Brandon L. Blankenship (205)912-8248
-Blankenship Harrelson, LLP