How the Prosecution Prove the BAC Level? »

August 19, 2009

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By the drunk driving laws to drive a vehicle while under the influence of alcohol (DUI) or while having a blood-alcohol concentration (BAC) of .08% or higher has been made a criminal offense. However, to be under the influence or to have a BAC of .08% while taking a breath test in a police station an hour or two AFTER driving is not a criminal offense. So how it is proved by the prosecution that what was the BAC when the defendant was driving? Now that’s a problem.

In a DUI case by projecting backwards, using average alcohol absorption and elimination rates you can try to guess what the BAC was, but that is only a very inaccurate guess. This process of guessing is called “retrograde extrapolation” which is a fancy name for trying to guess backwards. Now here the problem is that everyone has a different metabolism, and even in a given person alcohol will metabolize at different rates that depends on many variables.

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