In order to convict a person for a Tacoma Driving Under the Influence (DUI), the prosecution must demonstrate that the person operated a vehicle with a blood alcohol level over the legal limit or while under the influence of an intoxicant. To do so, the prosecution will usually rely on the results of a chemical test establishing the person’s blood alcohol level. If chemical tests are conducted too long after an alleged DUI offense occurred, though, the results of the test may be inadequate to demonstrate guilt. Recently, a Washington court discussed what constitutes sufficient evidence to establish that a defendant committed a DUI crime in a case in which it ultimately upheld the defendant’s conviction. If you are charged with a DUI crime, it is critical to speak to a Tacoma DUI defense attorney about your possible defenses.
History of the Case
It is alleged that the defendant consumed multiple alcoholic beverages during brunch with his wife before visiting a boat museum. On the way home, he crashed his vehicle with his wife in the passenger seat, resulting in her death. The state charged him with vehicular homicide. During the trial, the state presented evidence that the defendant’s blood alcohol concentration was above the legal limit within two hours of the accident.
It is reported that the state argued that even though the defendant’s blood was drawn more than two hours after the crash, an expert used retrograde extrapolation to demonstrate the defendant’s blood alcohol concentration within two hours of the accident, which led to his conviction. The defendant appealed the decision, arguing that there was insufficient evidence to convict him. Continue reading