According to the test, Thomas Wood had a BAC of 0.13, which exceeded the legal limit 0.08. However, a blood-alcohol expert from Vancouver testified that he would have needed to drink nearly four bottles of beer in order for him to have a high enough blood alcohol level to fail the breathalyzer test.
Yet Wood said that although he drank a pint and a glass of draft beer over the course of 2½ hours, he was too cheap to drink the necessary amount of alcohol in one night to fail the BAC test.
Territorial court Judge Cunliffe Barnett dismissed the charges in a written decision, writing:
"Mr. Wood says that he is 'quite cheap,' and that for that and other reasons, it is his custom to restrict his drinking, as he says he did that evening. When I consider all the remaining relevant evidence and testimony, I cannot say that I am convinced by Mr. Wood's testimony; far from it, but Mr. Wood does not bear the burden of proving his innocence. He is required only to raise a reasonable doubt, and I find that he has done that."While of course the prosecutors could appeal, I have a "reasonable doubt" that they will.