Virginia Breath Test
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If you were stopped by a law enforcement agent on suspicion of driving under the influence (DUI) in the Commonwealth of Virginia, you were probably asked to take a breath test. This test is used to determine your blood alcohol content (also known as a BAC).In Virginia, it is illegal to operate a motor vehicle or boat with a BAC of .08 percent or higher. If the breath test shows that your BAC is over the legal limit, the officer will have probable cause to arrest you on suspicion of drunk driving.
To administer the breath test, the officer will ask the driver to blow into a plastic tube that is attached to a hand-held device. The officer will then ask the driver to stop blowing. At this point, the results will either be provided on a screen or on a printout.
You may have heard this referred to as a Breathalyzer test, which was a brand of hand-held breath devices that used to be popular. Today, if you are asked to take a breath test, it will most likely be on an Intoxilyzer 5000.
A breath test can be given at the scene or at a detainment center. It is up to the officer to decide where to administer the test. However, a blood or urine test used to determine BAC can only be performed at a medical facility or a detainment center.
If you took a breath test in Virginia and your BAC was .08 percent or higher, you should immediately hire an experienced DUI defense attorney to represent you. Typically, if a breath test is admitted into evidence at court and not argued against, you will lose the case. A good attorney will put effort into attacking the test results. He or she may try to find problems or flaws with the way the test was given to have it excluded from your trial.
Michael C. Tillotson is a certified Intoxilyzer 5000 operator. He also has his own Intoxilyzer 5000 machine and an Intoxilyzer S-D5, which he uses to conduct experiments for his clients.
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