The situation, where the technical expert of the state is able to tell how many drinks you may have taken to reach the blood alcohol content (BAC) that you have is known as a retrograde extrapolation. It is a pseudo-scientific theory that is made by the technical expert. While the prosecutor asks the technical-expert to provide him or her with the numbers, the technical supervisor would be furiously punching away some numbers on his or her calculator. The entire process of giving the testimony seems so dramatic that until the technical supervisor is asked whether these numbers have been pre-calculated, they do not say it. Therefore, you would need the help of a DWI Attorney Houston to help you out.
The Manual is Considered the Ultimate
Did you know that the calculations of the technical supervisor can be challenged by using the very manual he or she swears by? You can do this when the state technical supervisor claims that the manual is authoritative, which will allow you to cross-examine his or her testimony using the same. In case the state’s technical expert has certified that your blood alcohol content was higher at the time of driving the vehicle than at the time of testing, you will be asked what you had to eat or drink in the hour just before the traffic stop. After the technical expert admits to being unable to determine whether you stopped consuming alcohol just prior to your being stopped, ask him whether he agrees that there are three possibilities now according to the manual – that the BAC was either lower, higher or the same at the time of testing as it was at the time you drove the vehicle. If you do not know how to take this forward, then take the help of a DWI Attorney Houston.
The Possibilities Before You
When asked, the state’s technical expert will have to answer saying that he or she was not certain whether your blood alcohol count was lower, higher or the same at the time of testing as it was at the time of driving. A way of attacking is the assumption that the body of a person eliminates the alcohol constantly. The expert will testify that the rate at which the body eliminates alcohol is 0.14 percent per hour. Then, he will multiply that number by the number of hours between the breath test and the traffic-stop and add it to the breath test result. Again, he will be forced to admit upon cross-examination that there is no scientific evidence that would back up his claim.The food present in the stomach will affect the rate at which the alcohol gets eliminated. In fact, the stress levels, the food in the stomach, and the physical ailments of the person determine the speed of the elimination of the alcohol. Do not make a head-on assault on the technical supervisor of the state if you are not sure what to do next. The wiser course of action would be to attack the assumptions that he or she has made. If you are not sure how to do that, then take the help of a DWI Attorney Houston.
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