Can You Be Charged With DUI If You Blow Under The Legal Limit?
Now, if you blow under the legal limit, what does that mean for you?
Well, there’s a breath curve for alcohol impairment, so you peak and then you start coming down. If the prosecutor really wanted to go after you, they can get an expert to come testify and they can do what’s called extrapolation.
Extrapolation means that they extrapolate your breath test at the time of the incident that was actually higher and you were on the downward slope. And how they do that, is by your behavior at the scene and your performance and only a few survive the exercises. However, on a simple DUI, it is very rare for a prosecutor to hire an expert to do that.
Have You Had That Happen Before?
Yes, some counties actually will go to that extent. It’s more common if there was a DUI manslaughter or more serious DUI, they will hire the expert for their extrapolation.