Hammers said toxicology reports found Moles’ blood alcohol level six hours after the shooting was 0.165%. “I’ve had people with very high alcohol levels, 0.4%, who did not appear to be intoxicated. Pennsylvania law says motor vehicle operators with a blood alcohol level of 0.08% are intoxicated. Horowitz did not address the jury at the start of the trial and has yet to affirmatively outline Moles’ trial defense. “You have to look for interactions at the scene to better understand his level of impairment,” Hammers testified.