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CHATHAM COUNTY, N.C. — Prosecutors say they might charge a Chatham County man with DWI even though he was not legally drunk at the time of his arrest.
Investigators believe James Lovingood was drunk when they claim he caused a deadly accident. But they didn't arrest him until nearly six hours later.
At that time they say his blood alcohol content was .07 percent, which is within legal limits.
Prosecutors say they might use a formula that could determine Lovingood's blood alcohol content at the time of the crash.
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