Section 72 Rising Alcohol Defense and Absorptive Stage Extrapolation
| Library | DWI Experts and the Science of Chemical Tests 2014 |
Alan W. Jones says that absorption can take up to 120 minutes (stomach to blood). Alan W. Jones, Gastric Reflux, Regurgitation and Potential Impact of Mouth-Alcohol on Results of Breath-Alcohol Testing,22 DWI J.: L. & SCI. 1 (2007). According to Dr. Jones, breath testing during the absorption phase is not accurate and should not be allowed into evidence. Breath testing is premised on being postabsorptive. Therefore, the results cannot be believed as the BAC at the time of driving.
As an example, hypothetically, the last drink of Ms. Driver was reported to have ended at 12:30 a.m., and the time of the initial...
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