Another DUII case was won when a jury returned a Not Guilty verdict in 10 minutes. An expert witness for the State concluded that defendant was between .11% and .24% BAC (blood alcohol content) at the time of driving. The State's expert referred to this as "retrograde extrapolation", meaning that, while the breath test may be taken an hour or more after police contact, the BAC at the time of driving is most relevant.
Retrograde extrapolation has been noted in medical journals as dubious. Under cross-examination, the State's expert admitted as much, and he also pointed out other issues with the operation of the breath test. The Polk Co jury took little time to return a verdict of Not Guilty.