Thread: DUI Poll
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Old 08-19-2004, 10:00 AM   #18
russotto
Professor
 
Join Date: Jan 2001
Posts: 1,788
[quote=wolf]You lose .08/hr once your BAL starts going down. Thing is, you can't know your BAL is on the downside unless your'e tested more than once. QUOTE]

And this is why PAs retroactive extrapolation rule gets you in trouble. Suppose you're busted and they take you down to the station and you blow a 0.05 an hour later. They then extrapolate backwards to the time of the stop and come up with a seriously illegal 0.13 (I think the figure they use is less than .08/hr but the problem exists regardless). Problem is, you were actually at, say, 0.04 when they caught you, but going UP. You peaked at 0.07 and then started going down. So you were never illegal but you're still going to jail.
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