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) 497-1223 to schedule your free consultation.
The Harris County District Attorney’s office notified defense lawyers on Wednesday that a crime-scene investigator made errors in 65 cases.
In a newly obtained video, a Houston Police officer is seen balling his fist, punching a woman in the face and slamming her to the floor of a drunk-tank cell after she swung her elbow at the officer while questioning the no-refusal blood test.
The Harris County District Attorney's Office has dismissed 90 pending misdemeanor and felony drug cases after a deputy improperly destroyed evidence at the Precinct 4 Constable's Office.
The Harris County District Attorney's Office is forced to throw out more than 140 cases so far after it was discovered over 21,000 pieces of evidence was destroyed by the Precinct 4 Constable's Office.
The Harris County District Attorney's office is re-evaluating a decade's worth of DWI cases. This comes after the credentials of an expert witness, a toxicology analyst, were called into question.
There are over 1,000 cases under review because of the misuse of evidence. While 142 have been dismissed thus far, there has been a high number of cases in which evidence has been destroyed - most of the cases involving drug crimes.
After and expert's qualifications have been questioned, there are nearly 10 years of DWI cases being under review in Harris County.
After being questioned about her credentials in DWI cases, a woman responds publicly.
Expert witness has been accused of lying on the stand and moved down to a lower level position.