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retrograde extrapolation Tag

Dayton DUI Attorney Charles Rowland > Posts tagged "retrograde extrapolation"

Retrograde Extrapolation: The Rising Alcohol Defense

Retrograde Extrapolation: The Rising Alcohol Defense Retrograde extrapolation is the scientific and mathematical process used by chemists and toxicologists to estimate what a person’s blood alcohol content was at a specific time based on test results obtained at a later period of time. For the DUI case, it is used to determine whether or not a driver had a BAC of 0.08 or higher at the actual time of driving based on what the BAC was at the time of testing.Typically, we encounter retrograde extrapolation in cases where the collection of blood evidence is collected hours after the act of driving...

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Blood, Breath & Urine Testing In Ohio: The Three Hour Rule

Help your attorney defend your case by creating a credible time-line of events. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.  The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas, 40 Ohio St.3d 100, 532 N.E.2d 130 (1988),  where the court held that tests in test cases (cases involving a violation of...

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Ohio Breath Test Law; the 3-hour Rule

Substantial Compliance Requires Collection Within Three Hours. R.C. 4511.19(D) sets forth a three-hour time limitation for the collection of bodily substances for alcohol and/or drug testing.  This rule is a change from Ohio's previous law which gave the State only two hours in which to obtain a sample.The time requirement has been adopted by the Ohio Supreme Court in Cincinnati v. Sand, 43 Ohio St.2d 79, 330 N.E.2d 908 (1975) and more definitively at Newark v. Lucas, 40 Ohio St.3d 100, 532 N.E.2d 130 (1988),  where the court held that tests in test cases (cases involving a violation of the prohibited...

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Retrograd Extrapolation (The Rising Alcohol Defense)

DAYTONDUI.COM Explains the Defense of Retrograde Extrapolation [caption id="attachment_8279" align="alignright" width="144" caption="www.DaytonDUI.com"][/caption]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...

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DUI Defenses Should be Permitted

Image by alancleaver_2000 via FlickrThe accused in a DUI case has the right under the Sixth and Fourteenth Amendments to present witnesses and evidence in his favor.  The Supreme Court upheld these rights in Washington v. Texas (1967), 388 U.S. 14, 19, 87 S.Ct. 1920, stating, "the right to offer testimony of witnesses, if necessary, is in plain terms the right to present a defense.  Just as an accused has the right to confront the prosecution's witnesses to challenge their testimony, he has the right to present his witnesses to establish a defense.  This...

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