I am no scientist, but wouldn’t your BAC be lower an hour after the original test (and three hours since the last drink?)
Wouldn’t she have better luck challenging the source code on the machine?
If I recall, one of the breathalyzer makers was forced to reveal their source code and it was pretty poorly written stuff. I read at the time that the ruling could jeopardize a great many DWI cases.
The ‘trick’ is that your BAC continues to rise over the next hour once you’ve had your last drink. So people who finish a drink and leave the bar/restaurant/party/whatever will have a lower BAC if they get pulled over on their way home then they will an hour later at the police station.
So the secret is if you live close to the bar, slam a few beers or shots and then quickly leave and go home before you get drunk…..sorry no buying it. I mean they might be selling it, but I’m not buying it.
I’m not saying it’s a great defense for people trying to get out of DUIs, but it takes alcohol a some time to circulate through your bloodstream – you obviously don’t feel the effects immediately. There’s not much to buy, it’s just the way our bodies work.
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I am no scientist, but wouldn’t your BAC be lower an hour after the original test (and three hours since the last drink?)
Wouldn’t she have better luck challenging the source code on the machine?
If I recall, one of the breathalyzer makers was forced to reveal their source code and it was pretty poorly written stuff. I read at the time that the ruling could jeopardize a great many DWI cases.
One of the premier DUI attorneys in the country has written ad nauseum on retrograde extrapolation.
http://www.google.com/cse?cx=010091000058708741560%3Aj124jyir9r8&ie=UTF-8&q=retrograde&sa=Search&siteurl=www.duiblog.com%2F
or go to his site
http://www.duiblog.com
Funny how an arbitrary number – .08 – is the end all catch all of intoxication. Brought to you by the neo-prohibitionists at MADD
The ‘trick’ is that your BAC continues to rise over the next hour once you’ve had your last drink. So people who finish a drink and leave the bar/restaurant/party/whatever will have a lower BAC if they get pulled over on their way home then they will an hour later at the police station.
So the secret is if you live close to the bar, slam a few beers or shots and then quickly leave and go home before you get drunk…..sorry no buying it. I mean they might be selling it, but I’m not buying it.
I’m not saying it’s a great defense for people trying to get out of DUIs, but it takes alcohol a some time to circulate through your bloodstream – you obviously don’t feel the effects immediately. There’s not much to buy, it’s just the way our bodies work.
I’m going to have to engage in some field research on this…
TN,
I am going to Cabo soon, I will also run some field tests and get back to you all with the results.
when you get back we’ll compare notes.
Why does it not surprise me that a lawyer came up with this idea.