Ithaca DWI Defense: Waging the New York DWI Extrapolation Defense

I like to use my own plow

In a previous post I discussed the New York DWI extrapolation defense. Remember that with any breath test DWI (VTL 1192 (2)) that the district attorney (the prosecutor) must prove beyond a reasonable doubt that your BAC was at or above .08 BAC. The law states at time of operation which in many DWI cases means at time of the police stop of your car. The extrapolation defense questions New York's single test result as INSUFFICIENT circumstantial evidence of a person's DWI guilt. Legally speaking how do we wage such a defense in Court?

Ithaca DWI Lawyer: What is the DWI Defense of Extrapolation?

From Dreamstime, Last Call for Alcohol

With every DWI case that has a blood or breath test, aka THE chemical test there will be a gap of time between police contact and the test. If there is an accident it takes time for the police to arrive at the scene and assess it. If there is a stop of a car for a traffic violation there is a process and procedure that is followed. All the police questions and the field sobriety testing, and the drive back to the station or trooper's barracks take TIME.

Time can always be your friend or your enemy. This is true in any case involving forensic police testing of a DWI or DWAI drugs body sample of breath or blood or urine. The clock is always ticking. Minutes and hours that drag by can affect your body's processing of toxins. And shots and chugging take so little time. As my daughter loves to tell me of all the new college drinking games like flip cup and circle of fire. So what's this thing called "Extrapolation" and how does it relate to being a DWI defense?