Retrograd Extrapolation (The Rising Alcohol Defense)
DAYTONDUI.COM Explains the Defense of Retrograde Extrapolation
The chemical test of your breath is administered at a police station, commonly an hour or more after the arrest. Ohio, pursuant to recent changes in the DUI law, allows three hours for collection of a chemical test. Logically, the breath test gives an accurate reading of the BrAC at the time of the breath test. It does not, however, answer the question of what BrAC was at the time of driving.
Experienced counsel like Charles M. Rowland II, can use the forensic science of retrograde extrapolation to “look back” to the time of the driving and extrapolate what your BrAC was at the time of driving. This defense is called retrograde extrapolation, Widmark analysis, look back or the rising alcohol defense. No matter the name, the principles involve the use of an expert witness to project back in time to estimate the BrAC level at the time of driving. Charles M. Rowland II employs the services of Dr. Al Staubus, former Dean of Pharmacology and Toxicology at Ohio State University to conduct the analysis. Extrapolation is calculated using five factors and a general alcohol elimination rate of 0.015/hour.
If you case lends itself to a retrograde extrapolation defense, make sure you hire an attorney who has been trained in and understands the science of a DUI (now called OVI in Ohio; operating a vehicle while impaired). Charles Rowland has presented the retrograde analysis defense and stands ready to help you defend your Ohio DUI case. Charles is certified on both the Intoxilyzer 8000 and BAC DataMaster breath test machines and has received training on portable breath test devices and the Intoxilyzer 5000. Charles attended the 16th annual Mastering Scientific Evidence seminar conducted by the National College for DUI Defense. Contact Charles M. Rowland today at 937-318-1DUI (318-1384).
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