Back Calculations

There are two possibilities here.

• You are apprehended some hours after an accident took place, breathalysed and fail the test. You want to argue that any alcohol consumed was done post accident, so even if you were involved, you were not under the influence of alcohol at the time.
• You are apprehended some hours after an accident took place, breathalysed and pass the test. The police want to show that at the time of the accident you were under the influence of
  alcohol.

Due to the nature of alcohol and the rate at which it is absorbed and destroyed by the body, it is possible to do what is known as a back calculation to ascertain the level of alcohol in the body at the
time of the accident.

Please read this article for a fuller discussion and explanation on how this applies in Scots Law.

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