An essential element of the crime of DWI is that the person is intoxicated at the time of driving. However, chemical tests only reflect a person’s alcohol concentration at the time of testing. A person’s alcohol concentration at the time of driving may have been higher, lower or the same.
In order to link the test result to alcohol concentration at the time of driving the prosecution may attempt to present expert testimony concerning alcohol concentration at the time of driving. The process the expert uses to relate the test result back to the time of driving is known as retrograde extrapolation. However, in order for the expert to offer an opinion which will be admissible at trial, the court must find that the expert’s opinion will be reliable.
Don't hesitate to call our Houston DWI lawyers at Tyler Flood & Associates. We can be reached at (713) 224-5529 to schedule your free consultation.
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