The police didnt breathalyze on the scene and didnt do a BAC. Till 2 and a half hours after the crash how reliable is the test after that amount of time
There really isn't a timetable. The question isn't necessarily is it accurate, but how do they determine what your BAC was at the time you were driving? That's going to be the potentially uphill battle for the prosecution.
I agree with Attorney Austin. While your attorney will want to investigate the accuracy issue with the device and method of testing your breath, the other thing to consider is what your BAC was at the time of driving. While the prosecutor will try to convince the jury to believe your BAC at the time of the test was at least that amount at the time of the crash, a good OWI attorney will know of various ways to challenge that. If the incident is serious enough, the prosecutor may attempt to use a theory called retrograde extrapolation (trying to use science and math to go backward in time), your lawyer should fight to prevent them from doing so because it is no better than guessing.
I am currently working on an OWI case in Baldwin and am finding so many problems with the police-work that the department should be embarrassed to have let this officer out on patrol. Do yourself a favor and hire a good OWI attorney today. Do not just try to do it alone. There are way too many things you need your lawyer to investigate in an OWI case.
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