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DUI defenders facing prosecution toxicologist testimony estimating BAC at time of driving.

Daubert Challenge — Retrograde BAC Extrapolation

FRE 702 motion + cross-exam bank to limit prosecution retrograde-BAC testimony. Widmark-formula limits + AAFS critique grounded.

File a Daubert / motion in limine to exclude retrograde extrapolation testimony when the prosecution lacks the absorption-phase data the Widmark formula requires.

“Extrapolation back from the BAC at the time of testing to the BAC at the time of driving is an endeavor fraught with the danger of inappropriately bamboozling the jury into thinking that such an extrapolation can be anything close to accurate.”

Justice Johnson, concurring (joined by Justice Price), Mata v. State, 46 S.W.3d 902, 929 (Tex. Crim. App. 2001)(opens in new tab)
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What this template gives you that the discipline-specific treatise does not.
  1. 01.

    Retrograde extrapolation requires data the typical roadside arrest does not produce: time of last drink, food intake, absorption-phase status.

  2. 02.

    The Widmark r-coefficient varies dramatically across individuals; the prosecution toxicologist routinely picks a single textbook value.

  3. 03.

    AAFS and peer-reviewed forensic toxicology literature acknowledge retrograde extrapolation is contested when absorption-phase data is missing.

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Daubert — BAC Retrograde — Case details

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Frequently asked questions.

What does the brief contain?

Seven sections: cover (your case identifier + jurisdiction stamped on), reliability standard recap (Daubert v. Merrell Dow factors), the lead authority's verbatim finding with source URL, the cumulative-error history with cited exonerations / IG audits / appellate opinions, recommended FRE 702 motion language (~250 words editable), a 10-15 question cross-examination question bank, and the methods + source URLs bibliography.

Is this legal advice?

No. The template is a research artifact modeled on the published critique literature for this discipline. Counsel of record adapts the motion language to the controlling circuit's FRE 702 doctrine and the facts of the case before filing.

How fast is delivery?

Stripe checkout completes in seconds; the PDF is emailed to the address you provide. Templates are pre-built — there is no per-case data pipeline running.

Do you cite anything I cannot independently verify?

No. Every citation in every brief carries a source URL stored alongside. Lead authorities are PCAST 2016, NAS 2009 / 2014, NRC 1979 / 2003, FBI/DOJ 2015. All are public-domain and linked to their original publication pages.

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7-day full refund, no questions asked.

Daubert — BAC Retrograde | BenchRecon — BenchRecon