El Paso Dwi Attorney Discusses The Importance Of The Timing Of Your Chemical Testing

Most DWI cases follow a very similar sequence of events that starts when you first get stopped and continues through your arrest and your post arrest processing. As each DWI case is different, the order and timing of each step will be unique to your case and you could be tied up for hours during this process or released in a matter of minutes.

The following circumstances will lengthen the amount of time of your DWI stop.

The officer that pulled you over waits for another officer to arrive to assist with the investigation.
Being involved in an accident, especially if other people or vehicles are involved.
Submitting to the field sobriety tests.

Depending on the circumstances of the DWI investigation, a greater amount of time could pass between the time you are actually driving and the chemical test to measure your blood alcohol content. This could be a very important aspect in your case and for your El Paso DWI Attorney to craft a successful DWI defense.

Many people question whether or not the timing of a DWI chemical test really matters. The short answer is a definite "yes" and it could have a critical influence on the outcome of your test and your case.

Each person is affected by alcohol in a unique way and many factors come into play as to how they react. The most important factors include:
height
weight
gender
age
health history
timing of your last meal
medications

Most people just assume that if they stopped drinking a couple of hours ago that they will definitely pass a DWI chemical test. Based on the factors listed above, this may not necessarily be true as it can take some people over four hours to start eliminating alcohol from their body.

The timing of the chemical test can be a critical legal issue based on alcohol absorption rates versus when you were actually driving a vehicle. DWI chemical tests can accurately prove what your blood alcohol content is at the time the test was administered however this is usually at some time period after you have been pulled over, sometimes several hours after you were driving. "Retrograde extrapolation" is a methodology involving math and scientific principles that can be used to estimate what your blood alcohol content level was when you are driving. Expert El Paso DWI attorneys can use retrograde extrapolation to fight the validity of your chemical test and whether or not it can be admitted in court.

Each state requires prosecutors to adhere to a minimum standard in order for chemical tests to be admitted in court. A strict adherence to the timing of any chemical tests is typically included in the minimum standard. Whether or not chemical tests are admissible in court could depend on the specific circumstances of your case and if the timing between when you are pulled over and the chemical test are considered reasonable. Other states have determined a maximum time limit of 2 to 3 hours after you have been pulled over. If the police officers do not adhere to the time limits outlined in their standards, the results of your chemical tests could be able to be challenged in court. Your expert El Paso DWI attorney should be very well versed in analyzing the validity of your chemical tests.