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At the hospital, Smarr was examined by Dr. Brian Kempton, an emergency physician. When Kempton first examined Smarr, Smarr had slurred speech, responded slowly to questions, and appeared lethargic. Kempton testified that Smarr seemed not to understand he was lethargic and concluded Smarrs "insight into what was going on seemed impaired. " The hospital took a sample of Smarrs blood approximately thirty-three minutes after Kemptons first visit. Kempton testified that Smarrs blood did not contain detectable levels of alcohol. Smarrs blood tested positive for opiates and benzodiazepine, but the quantity of those substances was not determined. Smarr denied taking an overdose of his medication. Two of Smarrs prescribed drugs, MS-Contin, which is a sustained-release form of morphine, and Norco, which is a form of hydrocodone, would