What is it?
In DWI cases prosecutors often seek to establish blood alcohol concentration at the time of driving to prove intoxication. Prosecutors do this by having another witness review a breath or a blood test result and apply mathematical formulas to it. Prosecutors believe that by doing so they can estimate a person’s blood alcohol concentration. This science cuts both ways.
Theory?
While a person consumes alcohol, a person’s body absorbs alcohol and eliminates alcohol. There are two phases after alcohol consumption. The first is absorption and the second is the elimination phase. Even after a person is done consuming alcohol, their body continues to absorb alcohol from their stomach. When the alcohol is out of their stomach, their organs remove alcohol from their blood.
Timing of the test?
If a blood alcohol concentration test is taken during the absorption phase then the blood alcohol concentration during the test will be higher than at the time of driving. If the test is taken in the elimination phase then the alcohol at the time of driving would be higher than at the time of the
Limitations
In DWI cases, these estimates are not as accurate as a test at the time the person is driving. Person’s characteristics such as weight, height, and in the case of breath tests partition ratio (the volume of an individual’s breath that contains the same amount of alcohol as a milliliter of their blood).
Highly technical science is a part of a lot of DWI cases. It is important to speak with someone who will look at your case from all angles. Not understanding a defect in the science can result in a wrongful conviction. TO discuss your DWI case, call Brian J. Newman at 817-231-0023.
