On Wednesday, forensic experts take the stand in the second day of trial for Cody Shirah.
He’s accused of killing four men from Ohio, after t-boning their minivan back in September 2016.
The Florida Department of Law Enforcement crime lab analyst Carol Seagle testified to explain her calculations for Shirah’s Blood Alcohol Concentration level.
“When I did that calculation I was basing it on information that had been provided to me that did state that there was the potential that there was still drinking at the time of the incident,” said Seagle.
Seagle says the test was taken more than three hours after the crash, with results at .078, just under the .08 limit. According to Seagle, the BAC level would have been between .09 to .14 if the test was taken immediately after the accident.
However, the defense argued that there could be a margin of error in her calculations. The defense called independent toxicologist Barry Funk to the stand.
He says Seagle’s method of testing, known as retrograde extrapolation, wasn’t the most reliable.
“There’s such variability from individual to individual that one should use great caution when using retrograde extrapolation,” said Funk.
Closing statements for the prosecution and defense starting Thursday morning.