Aggressive Criminal

How does someone challenge BAC results?

On Behalf of | Firm News |

A driver should expect to face arrest when a breath test displays a blood alcohol concentration of 0.08. The test will serve as evidence in a Texas court, but the results are potentially refutable. False positives and inaccurate breath results happen. If it turns out that the BAC reading was inaccurate, the accused person may find their DUI charges dismissed.

Problems with breath tests and BAC

A breath test may deliver problematic and inaccurate results for many reasons. Someone may have used mouthwash right before driving, causing the breath test to give an incorrect reading. The police officer administering the test might make a mistake, or the device could be improperly calibrated.

Resolving inaccurate results won’t likely happen at the time of a vehicle stop. The accused driver may go right to jail and a subsequent arraignment on DUI charges. Later, the accused person might effectively challenge the results and prove them to be inaccurate.

Retrograde extrapolation could disprove a BAC reading

Retrograde extrapolation refers to a process that examines a suspect’s blood alcohol content. The examination, performed by professionals, seeks to figure out a specific blood alcohol concentration at a previous time.

An effective process may require drawing blood from someone around two hours after the arrest. As time moves on, their BAC will decrease. For most people, BAC level drops by 0.015 per hour, so the retrograde extrapolation process must occur in a timely manner.

Entering retrograde extrapolation evidence in a DUI case might lead to a beneficial outcome for the accused person. A witness may need to provide credible testimony supporting the results. Individuals facing unfair DUI charges may be able to avoid a conviction and related penalties if the court accepts retrograde extrapolation information.