Updating the widmark equation misscms dating greek
With respect to elimination, through a comprehensive evidence based review, Jones (2010) reports the physiological range of the elimination of alcohol from the blood is from 0.010g/dl/hr to 0.035g/dl/hr.By relying on averages of these physiological ranges and a single method for determining the distribution of alcohol, the extrapolated BAC which results from these calculations will not reflect the entire range of possible BAC values that could reasonably be attributed as the actual BAC at the time in question, and as such fails to account for the measure of uncertainty in the result.Alcohol metabolism is well understood, but highly variable amongst the human population.Forensic toxicologists must have a keen understanding of these variable factors and incorporate them during the extrapolation and interpretation of the BAC results.DUI Professional is the most advanced blood alcohol extrapolation simulator in the world. This encompasses 68% of the population and is consistent with most interpretations of the clear and convincing standard.Presets exist for almost all senarios but may be modified in the simulator by toxicologists and expert witnesses. For criminal cases, the settings may be adjusted to encompass 95% of the population by spanning two (2) standard deviations.
The question many toxicologists now ask is “How can a measure of uncertainty be included with extrapolated BAC results?
The courts have recently decided that single numerical values for blood and breath test results without a measure of uncertainty are inadmissible as they preclude objective interpretation.
Alcohol is one of the most widely tested chemicals in forensic laboratories, and the numerical test results carry probative weight as evidence.
If an expert testifies that a particular blood alcohol content measurement is value A, without stating a confidence level, it is this court’s opinion that the evidence is being represented as an exact value to the trier of fact...
[and] that presenting to the trier of fact the result of a blood test as an exact numerical value without stating a confidence level, is not generally acceptable in the scientific community and misrepresents the facts to the trier of fact...