CALIFORNIA CRIMINAL LAWYERS

Retrograde Extrapolation in Los Angeles DUI Cases

Two Types of Drunk Driving in California: Understanding Unlawful Bodily Alcohol Content

Drunk Driving in California

Drinking and driving is one of the most dangerous things that a person can do. It’s not just illegal, it’s also unsafe for the person driving the car, the passengers, other motorists and pedestrians around them. In California, there are two different ways to be a drunk driver. One way is to operate a motor vehicle while under the influence of alcohol. The other way to be a drunk driver is to drive with an unlawful bodily alcohol content.

While it’s illegal to drive a motor vehicle with an unlawful bodily alcohol content, it’s not illegal to have a bodily alcohol content that’s over the legal limit. That means that if you’re not driving a vehicle while your bodily alcohol level is over the legal limit, you haven’t broken a law. This presents a significant problem for law enforcement in investigating drunk driving cases.

Unlawful Bodily Alcohol Content

What is unlawful bodily alcohol content and how is it determined in California? California Vehicle Code Section 23152(b) VC prohibits driving a vehicle when your bodily alcohol level is .08 or higher. If you have an unlawful bodily alcohol content while you drive, it doesn’t matter if the alcohol influenced your ability to drive or not. Either way, you’ve broken the law.

The problem is that law enforcement officials have to prove your bodily alcohol content at the time when you’re driving the vehicle. What if, minutes or even hours pass from the time you’re driving the vehicle to the time you take a chemical test? That can make the results of the chemical test woefully inaccurate for demonstrating your alcohol level at the time you were driving the vehicle.

What can police officers do in such situations? They have to rely on a procedure called retrograde extrapolation. This process is used to estimate a person’s alcohol level at the time that they drove a vehicle based on the chemical test that they took later. In essence, it’s a backward projection to arrive at a person’s likely alcohol level at the time that they drove the vehicle. However, this process is far from scientifically certain.

The Role of Expert Witnesses

Experts witness testimony can play a crucial role in combating retrograde extrapolation. You can hire your own expert witness. A reputable DUI attorney can help you find an expert to review the state’s case. The expert can help you explain to the jury that the process of retrograde extrapolation is not scientifically certain.

Your expert can point out to the jury that every person’s body absorbs and eliminates alcohol differently. What you eat and drink, the water in your system, and how long you consume alcohol are just a few of the factors that can affect how your body absorbs and eliminates alcohol.

Another scenario occurs if a person’s bodily alcohol content rises after their arrest. If you had been drinking shortly before driving a vehicle, your alcohol content might be lower when you’re driving than it is by the time you take the breath or blood test hours later. If the defense knows that the alcohol level was rising after the arrest, they can create reasonable doubt that the driver was intoxicated while behind the wheel.

Conclusion

A DUI attorney can help you evaluate your case and arrange to bring helpful expert witnesses with you to your day in court. California takes drunk driving seriously, and the consequences for drunk driving are severe. Depending on the circumstances surrounding the case, a drunk driving arrest can lead to misdemeanor or felony charges, with fines and even jail time. It’s crucial to have an experienced DUI attorney from Todd Spodek’s law firm, who can ensure that your rights are protected and that you’re given fair representation in your case.