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DWI Related

"Honest Officer, I only had two beers."

DWI, sadly, remains one of the most frequently encountered cases for both attorneys and for Forensic Consulting.  Today there are many tools available to the law enforcement officer in the detection and apprehension of suspected intoxicated drivers.  These include:  The Standardized Field Sobriety Tests, Portable Breath Instruments and the Desktop Breath instruments.

The Standardized Field Sobriety Tests were developed by the Southern California Research Institute and implemented by the National Highway Traffic Safety Administration.  These three tests, the Horizontal Gaze Nystagmus, One Leg Stand and Walk and Turn, were designed to demonstrate impairment via the use of science and consistent methods of testing.

Prior to implementation, these tests had to undergo validation studies that included specific instructions and demonstrations to gain scientific acceptance.  If these tests are not administered in the prescribed manner and properly demonstrated, their results could be invalid.

The box above contains the instructions and sequence of demonstrations for the SFSTs.  You can click on the box and print it out for your use in case work.

There are instances where testimony will be required to inform the court of the misapplication of the testing process and procedures.  Forensic Consulting can assist in this testimony.

In the past the use of the Widmark Equation has been equated with a "Reverse extrapolation" process which the courts have held as invalid.  Our use of the Widmark is a "Forward Extrapolation" from the onset of drinking until the time of initial contact or time of the breath test.  We actually attempt to demonstrate the absorption and elimination of alcohol over time using the client's height and weight and the "r" factor values derived by the Method of Forrest (JFSS 1986; 26: 249-252).  Our method includes the use of generally accepted elimination rates in the deriving of the final estimation level.

Alcohol estimations can provide the following information:

1. Estimated BAC at the time of initial contact.

2. Estimated BAC produced by a specific amount of alcohol.

3. The amount of alcohol required  for a given BAC over a period of time.

4. The stage of alcohol absorption.

Upon request we will forward an "Alcohol Information Sheet" to you and request that you or your client complete the form with as much detail as possible.  This will be used as the alcohol consumption information for the process.

Testimony regarding alcohol estimations includes the explanation of the processes involved in alcohol absorption and elimination.  This type of information assists the jury in understanding alcohol and its affects on the body.

To obtain a copy of the AIS, please contact us.

Blood Alcohol Estimations can provide testimonial evidence.  Experience in court has provided information as to their best evidential potential.  Please contact us for further information.