How many hours were there between the accident and blood alcohol testing?
The liver does most/nearly all of the heavy lifting on metabolism of alcohol. Being an athlete is inconsequential. It might even be a detriment if he drank really often due to being a pro athlete.
Can't find any specific information on that. He was pretty badly injured in the accident, so getting treatment would have taken some time before testing, having a lawyer would probably delay the testing further.
On average BAC decreases between 0.015 to 0.02 per hour. He was tested around 0.015 at the time of the accident, so even 1 hour delay would put him at .03 to .035. As I said before, people can be found to be driving under the influence even if they are not at .08, if they're found to have been impaired at the time. I think given his speed, admission of drinking, and impact of the crash I am not willing to give him the benefit of the doubt that he wasn't at least somewhat impaired.
I think the main issue people are taking with your opinion is that you are reaching it through an incorrect assumption that he was legally impaired and you are ignoring or downplaying the mitigating context while highlighting (and sometimes incorrectly stating) the aggravating factors.
If that's peoples' take on my statement then that's fine with me. I'm not sure I've done any of that, but everyone is free to their own interpretation... Even if he wasn't at .08, I am not willing to give the benefit of the doubt that he wasn't impaired to some point given the outcome of the situation. The guy giving me the most grief admittedly wasn't even reading my comments before firing away at me, so I'm not losing sleep over that one lol. Mostly everyone else has been pretty reasonable and I can accept that.