Matthew J. Ruff DUI/DWI Law Blog on Lawyers.com

In DUI cases where the state’s expert is using retrograde extrapolation to place your client at a .017 grams per hour. Other toxicologists may use a range of elimination rates.01 to .02 grams per hour, and express the purported BAC as a range of values that benefit the prosecution.  If the issue is what was the BAC at a specific time, it may be helpful to have your client tested to determine their elimination rate. During the retrograde extrapolation, certain assumptions will be made regarding the elimination rate of your client. Often, the toxicologist will use the elimination rate they favor. In any event, having your client tested to determine their specific elimination rate may be one avenue you have toward poking holes in the plethora of assumptions made during a back calculation. The procedure is fairly straightforward. You must retain the services of a private toxicologist, or expert who has access to a breath testing device. Your client will be given a specific dose of ethanol to consume, and will have their peak BAC and elimination rate calculated.