This article discusses how alcohol normally travels through your body when you’re alive, how that changes once life ends, and why postmortem shifts can influence criminal defense in North Carolina. We will also explore the potential legal implications of an inaccurate or misleading BAC when the decedent—who, in criminal cases, may be considered a victim—had alcohol in their system.

By clarifying the complexities of forensic toxicology, our goal is to explain why thorough investigation and analysis by forensic toxicologists may be an essential aspect of building a defense strategy.

It is tempting to assume that the number on a lab report reflects an exact level of intoxication at the time of death, but the science behind postmortem BAC is often far more nuanced and complicated. Factors such as redistribution, laboratory processing, and even microbial activity can alter the reading—sometimes making it appear higher or lower than it actually was when the person was alive.