In the absence of blood alcohol content (BAC) test result that proves whether the person was impaired when the mishap occurred, making a judgment that the incident was related to consumption of alcohol is not possible, regardless of circumstantial evidence. Reaffirming that fact is the comment from the attending physician when Mr. Murphy checked himself into hospital. The stated that Mr. Murphy was coherent and she did not smell any alcohol from him. The board’s acceptance of her comment is based on two factors; first, she was present when Mr. Murphy had checked himself into hospital, and the second is that she is a medical professional, whose knowledge and expertise in the matter such as this far exceeds that of panel members’.
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After