Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here Use of Retrograde Extrapolation Method in DWI Cases »
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- Mostly police officers use breath analyzer for measuring a suspected DUI driver’s breath alcohol concentration level. And its also a thing to consider that most of the police officer do not have a good quality breath analyzer and many driver failed in breath test. In these types of cases State has to prove that a person is guilty for driving under the influence. It also happen some time that a suspected driver has to give breath test after some interval of his arrest.
In such cases DWI offender is transported to nearby police station where he is analyzed in a special “intoxilyzer room”. The interval between arrest and breath analysis is very important for the DUI case.
According to law a driver must be proved under the influence of drugs or alcohol before getting arrest and not after some time delay like an hour or so. State’s attorney has to prove his or her blood alcohol level at the time of arrest not the BAC level at the time of breath analysis at police station. This matter comes under the term of Retrograde Extrapolation.
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Louisiana DUI Penalties »
Laws need suspected DUI drivers to go under blood, breath, or urine test for checking of blood alcohol level content is called “implied consent laws”. Denial carries penalties that include compulsory suspension of the driver’s license for up to a year.
Blood Alcohol Concentration (BAC)
If any driver in Louisiana will be having the blood alcohol concentration (BAC) above than the 0.08 percent, which is the legal limit, then that person will be measured “per se intoxicated” under the law. Under this decree only this evidence is enough for a driver to be convicted for Driving Under Influence (DUI) or Driving While Intoxicated (DWI).
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Probable Cause in DWI Arrests »
On one of the Saturday nights while you are driving home late, you had a look in your rearview mirror and caught a glimpse of the dreaded red and blue flashing lights. One of the cops came near to your window and you were asked to step out of the car. After taking some field sobriety tests, they took you to the police station and then you are charged with a DWI. Someday you were out at a party, and the results of your breathalyzer test shows that you have a BAC level above the legal limit of .08. It seems to you like case has been closed for you – Isn’t that?
Yes it is not wrong that a large portion, even though a majority of DWI-related arrests lead to a subsequent conviction in court. Having so many laws that require DWI suspects to submit to test after test, and breathalyzer devices are widely used despite of fierce ongoing controversy over its reliability, it is a little surprise that many people feel helpless when they face a DWI charge.
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