It has been used. The only problem with it is that any good prosecutor would be able to tear apart the science. They would be able to show that you just cannot recreate someone’s absorption and elimination rate to the night in question when they got arrested. You can’t do an exact replication of what they had to eat, when they had it to eat, what their body temperature was. You can’t recreate exactly when they consumed their drinks, for example, if you had a sip at this time and then one ten minutes later and then a gulp later on. It’s just too hard to replicate.
It is a defense tactic that can be used, as a scientific explanation, to show that someone should not have been at the levels that were indicated by the Breathalyzer machines that night. But you still need to get a jury to believe someone’s drinking pattern. That it was what they’re testifying that it was and because of that and the so many variables that go into it, that it is very tough to use.
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