San Diego California DUI defense lawyers usually count on obtaining helpful information in the California DUI attorney’s case during the stage of the California DUI trial attack on Widmark calculations.
Widmark calculations in San Diego DUI breath testing cases sometimes results in evidence unfavorable to the advocating San Diego Drunk Driving prosecutor.
One main reason Widmark calculations are offered in a San Diego DUI trial is that California has a statute prohibiting a person from having a certain amount of alcohol in the blood at a proscribed time. The .08% BAC California law is known as the “per se” California DUI law. The proscribed time in the California DUI per se law is the time when the person was driving a motor vehicle. But San Diego Drunk Driving chemical tests are not performed at the actual time the vehicle was being driven by the San Diego DUI attorney’s client.
San Diego DUI attorney prosecutors believe it is necessary to try to establish a numerical blood alcohol value for the time covered by the California DUI per se law. This process of obtaining a numerical blood alcohol level for a time prior to the blood test is generally done by the use of Widmark calculations or a modified variation of Widmark’s formula.
California’s per se Vehicle Code section 23152(b)’s statute prohibits driving with .08 percent or more of alcohol in a person’s blood:
It is unlawful for any person who has 0 .08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
The more a San Diego DUI criminal defense lawyer can shake jurors loose from a general predisposition of guilt (the predominant problem in a San Diego drunk driving trial), the more favorable the trial prospects of the San Diego DUI defense attorney’s mission to accomplish justice through an acquittal.