The importance of a DUI Lawyer doing the Widmark calculation and questioning assumptions.

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It’s important to know how to do a widmark calculation manually. By doing this, you will know where they expert will be and what the prosecutor will ask. The most common calculations are number of drinks and what will a person alcohol level be with this amount of drinks, time, weight, etc, and the retro one. However, these questions are packed with assumptions. Let’s take a look at one example.

There are many different beers out there. Take a step into a brewery and you will see some brewery with over 50 types of beers. Too often our clients are not aware of the alcohol content of some of these beers. It’s no fault of their own. How many of us actually check the alcohol content of our drinks?  It’s because of this that some  good people make bad choices and not know about it. Alcohol content in beer can range anywhere from 4% to 10% .

Often times our clients will know their limits. They will only drink two beers. However the alcohol content can make things sticky when they get popped. Often times a out clients will say they only had 2 beers and  be at a .12 BAC. Some lawyers and all prosecutors and state’s experts will write this person off as a liar. Even worse  the prosecutor will go after a conciousness of guilt jury instruction which will make it harder for a person to overcome the presumption of guilty.

Let’s take a look at this example.  This calculation does not take into consideration elimination/rho/and absorption time which will vary things even more.

Scenario 1

Mark Gallagher weighs 160. He goes to Chuck e Cheeses but does’t eat the pizza and downs 2 Bud Ice Light 16 oz at %4.1 alcohol.  After 30 minutes of absorption he will have .06 of alcohol in his system.

Scenario 2

Mark still weighs the same. Instead he goes to BJs and skips lunch because he thinks lunch are for sissys. BJs has many different types of beers. He decides to try something new.  He decides to try 2 16 oz Breckienridge Christmas Ale.  Little does he know that this beer is %7.4 alcohol. After 30 minutes of absorption on an empty stomach he will have a .10 in his system. When questioned, mark will answer he had two beers.

The prosecution and their expert will define a standard drink as 12 oz 4% alcohol.  This leads to an inference that the answer Mark gave is a lie. The prosecution will then ask for a jury instruction instructing on consciousness of guilt.

By calling BS on this, we show the jury there are much more variables at play. I am available for DUI trials to attorneys and the general public.  Be sure to mention you heard about me on Flockoflegals.com

 

 

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