For drivers who’ve been pulled over as a suspect for driving while intoxicated, the process from the traffic stop to a blood or breath sample at the police station can take from one and a half to two and a half hours. Criminal defense attorney Shawn McDonald explains in this video how a time lapse could work in the drivers favor.
For a DWI charge to hold ground, it must be proven that the driver was intoxicated at the time of his or her offense, and not just at the time his blood was drawn or breath sample obtained. This is where defense attorneys could use evidence of “retrograde extrapolation” to potentially help the outcome of your case. Retrograde extrapolation is the computation back in time of a blood or breath test result to estimate the level of alcohol in someone’s body at the time he or she was actually driving.
In some DWI cases, criminal defense attorneys can show in a case that the driver’s blood alcohol concentration (BAC) was likely below the legal limit at the time of driving and peaked at the time of testing. If your DWI case involves evidence of retrograde extrapolation, contact us for a free consultation.