Prosecutors sometimes use a “relation-back” calculation to determine blood alcohol content when charging someone with a Los Angeles DUI. The theory is that chemists or other experts can look at the results of a blood test taken a few hours after an arrest and calculate what the BAC content would have been at the time the police officer pulled the driver over.
Now a judge in Vermont has ruled that the state can’t use such evidence.
According to WCAX and NECN (New England Cable News), Judge Howard Van Benthuysen of the Orleans County Criminal Court ruled that the “relation-back” calculations are unreliable. He cited scientific evidence that shows alcohol leaves people’s bloodstreams at very different rates.
With his decision, Judge Van Benthuysen threw out the BAC in 25 DUI driving cases before the court. There’s no word yet about whether or not the prosecutor will appeal the ruling to a higher court. In Michigan, meanwhile, the state’s appeals court has ruled that operating your car in a driveway while under the influence does not constitute DUI.