Expert Can Opine On Blood-Alcohol Concentration But Not Capacity To Consent To Sex

( July 7, 2026, 1:31 PM EDT) -- ALBUQUERQUE, N.M. — A medical toxicologist can opine on a woman’s estimated blood- alcohol concentration but cannot testify on her capacity to consent to sexual intercourse, a New Mexico federal judge ruled, partially granting a motion to exclude filed by a woman who alleges that she was assaulted by an on-duty police officer....