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.
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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.
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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.
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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.