DUI Attorney Strategies – Know The Science!
Here is a tool that every DUI attorney should have in their arsenal. It is a study entitled, Absorption, Distribution and Elimination of Alcohol: Highway Safety Aspects and it has a number of facts that a jury should know:
- The time that elapses between the driving of the car and the time of the chemical test can produce significantly different blood alcohol concentrations.
- The time that passes from the end of the alcohol intake until the peak alcohol concentration varies from 14 to 138 minutes in one study, to 12 to 166 minutes in another study.
- It is impossible to convert the alcohol concentration of breath or urine to the simultaneous blood alcohol concentration with forensically acceptable certainty.
- It is not possible to establish whether the person being tested is in the absorption or elimination phase from the results of two consecutive blood or breath alcohol measurements, as is the protocol in Ohio.
- Retrograde extrapolation (forensic backward extrapolation of blood or breath concentration) is not ordinarily forensically possible.
- Extrapolation of a later alcohol result which is used to tie the alcohol to the time of operation is always of uncertain validity and is, therefore, forensically unacceptable.
If you are able to present these facts to a jury, the chances of winning go up exponentially. Every Ohio DUI attorney should have this study at the ready to help during motions and trials.