Monday, July 9, 2007

California DUI even if your BAC is under .08% - Retrograde Extrapolation

If you take a test at the police station or jail and your BAC is under .08%, can you still face a California DUI / California drunk driving charge?

Yes. You can and will be charged with California DUI and possibly with .08% or over.

San Diego County California prosecutors will attempt to prosecute such a California DUI using DUI prosecution experts' opinion that drivers are impaired at .05% BAC and/or using the “retrograde extrapolation” theory.

Under this California DUI theory, you could have metabolized the alcohol in your system before authorities could measure it, and that the value measured once the paperwork and booking was complete was lower than the legal limit, and lower than what would have been measured at the time of driving.

This retrograde extrapolation theory allows the prosecutor to attempt to guess your BAC value which could have been earlier based on the findings of later tests.

This flawed method of testing is based on a number of subjective criteria:

The time you began drinking alcohol
The amount, type, and rate of alcohol you consumed
The amount, type, and rate of any food eaten
The time since you stopped drinking
Your weight and gender
An indication of your "tolerance" and drinking experience
Physical observation of you at the time
The state of your physical and emotional condition at the time.