The prosecution in a Michigan DUI-OWI-OUIL case often reaches so far to prove the case against you that the proseucutor will use evidence that is "forensically unreliable." The government may use testimony in an area known as "retrograde extrapolation." "Retrograde extrapolation is a mathematical formula that uses 5 variables to solve an equation for the 6th variable, often the rate of elimination so that the prosecutor can try to present testimony about what your bodily alcohol content was at 2 hours prior to a breath or blood test," says Michigan DUI-OWI-OUIL expert attorney Mike Nichols.
Nichols added that if you are charged with a DUI-OWI-OUIL offense, you shoud contact an expert OWI attorney anytime the state tries to use retrograde extrapolation. It is ultimately an assumption. Nichols is teaching other lawyers at a seminar called the "ICLE drunk driving update" in September. |