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How Breathalyzers Affect a Virginia DUI Defense (Part A)

Most DUI laws sway in the prosecution's favor, which can make your Virginia DUI case may seem hopeless, or even un-winnable. But a good attorney can help you build a winning Virginia DUI defense. One of the strongest arguments in defending your case is to point out the problems with breathalyzers.

What is a Breathalyzer?

A breathalyzer is a device that measures a person's blood alcohol content (BAC) by sampling their breath. This is the most common test that is given to people who are suspected of DUI. But there are problems with breathalyzers that make them susceptible to errors and miscalculations. If your Virginia DUI defense attorney can prove that a breathalyzer test has not been administered properly, then they may persuade a judge to throw out your DUI charge. 

Factors that Can Make a DUI Test Unreliable

There are several factors that can make a breathalyzer test unreliable. Your DUI defense attorney should be well aware of these DUI test limitations and know how they may apply to you and your situation. These elements can be very helpful in beating DUI charges.

It's important to make clear and complete notes about the circumstances of your DUI arrest and to talk to your Virginia DUI defense attorney about any health or medical issues that you may presently be experiencing. A number of circumstances can have an adverse affect on the results of a DUI test. Some of these circumstances include: 

  • Your body weight and metabolism
  • Your rate of alcohol absorption
  • Medical issues (i.e. acid reflux)
  • Special diets that you may be on 

The breathalyzer that is used to test your breath must also be properly calibrated. A failure to do so will generally result in an inadmissible test.

The penalties for DUI in Virginia are too severe to permit courts to ‘look the other way' when police officers make errors. However, there is one certainty at a DUI trial - the DUI defendant cannot prevail on an issue his lawyer fails to recognize and raise! This includes any concerns about the effectiveness and accuracy of common DUI tests, including breathalyzer results.

If you have been arrested for DUI in Virginia, there is no time to waste! Contact Virginia DUI Lawyer Bob Battle to schedule your legal consultation today at 804-673-5600.

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