Go to navigation Go to content
Phone: 804.673.5600
Bob Battle Law

Get Help Now

Need Help? Have Questions? Fill out the quick contact form below and we'll will be in contact soon!

Problems with the Breath and Blood Tests in Virginia DUI Cases

Comments (0)

If you've been arrested for a Virginia DUI, you will be taken back to the police station and asked to submit to a blood or breath test. Unfortunately, you don't really have any choice in this matter, since you are legally obliged to comply due to Virginia's implied consent law.

Courts often rely on the blood and breath tests given at stations as proof of a Virginia DUI. However, even these tests can produce erroneous results. For instance, if you have heartburn or dental issues, the breath test machine may misread those as signs of alcohol consumption.

Blood tests are generally more reliable, but the technicians handling them can still make mistakes. Most notably, if the technicians mix the blood samples incorrectly, the blood may actually ferment, creating a false positive.

Because only one blood sample is drawn, the prosecution has no backup in the event of an error. A contaminated or altered sample may be very damaging to the prosecution, but may be very helpful for your DUI defense.

You can find more about BAC tests and Virginia DUI cases by visiting our article library. 

An experienced Virginia DUI defense lawyer should know all about the potential errors that can crop up in these supposedly reliable tests, and can cast doubt on the results. Don't panic when you see the complicated-looking test machines at the station. Just take the tests, and then call your lawyer at the first opportunity.

No state is faster at moving cases through the system than Virginia. In the face of defending a criminal charge, the decision of who will be your lawyer will be one of the most important decisions you make in your life. Before you speak to any lawyer, get a FREE copy of Bob Battle's consumer guide, How to Choose a DUI Lawyer in Virginia

Virginia DUI attorney Bob Battle aggressively defends criminal defendants who have been charged with felony crimes such as repeat DUI charges. For proven legal help with your criminal case, contact Bob Battle to schedule your legal consultation today - 804-673-5600.

Bob Battle
100% of my practice is devoted to serious traffic defense and criminal litigation in state and federal courts
Be the first to comment!

Post a Comment

To reply to this message, enter your reply in the box labeled "Message", hit "Post Message."

Name:*

Email:* (will not be published)

Message:*

Notify me of follow-up comments via email.