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Challenge Blood and Alcohol Tests to Avoid a Virginia DUI (Part B)

DUI Defense for Blood and Breath Tests

Breath tests that measure blood alcohol level (or BAC) rely on complicated machines, like the Intoxilyzer 5000. Like any machine, the Intoxilyzer 5000 can break or start making errors. This is why it is necessary for the Intoxilyzer's maintenance records to be available during your Virginia DUI case.

These records let lawyers decide if the machine's results are reliable. If the records indicate an error, than that particular evidence is no longer admissible. If the prosecution's case rests on these results, it may result in a dismissal of your Virginia DUI charge.

For example, suppose that you've been pulled over on suspicion of a Virginia DUI, and the officer arrests you and takes you to the station. Once there, you take a breath test and are found to be over the legal limit of intoxication.

However, this deserves a closer examination. Remember that the in-station breath test measures your BAC long after you have been pulled over. This allows your lawyer to argue that your BAC test might not be accurately reflecting what your BAC was while you were driving, which can drastically impact your Virginia DUI case.

Car Accidents and BAC Tests

If you were arrested for a DUI after having been in an accident, it's important that you remain silent. The occurrence of an accident can drastically raise the stakes in a Virginia DUI case. Keep in mind that, in most cases, the officer only arrived at the accident scene after it happened, and cannot be sure who is responsible.

If you, as a suspect, suffered injury in the accident, the officer will likely take you to a hospital. A blood test may be administered here instead of the police station. However, blood tests taken at hospitals do not always meet the standards of admissibility for DUI trials. As such, your Virginia DUI defense lawyer may be able to have this evidence dismissed.

Hiring a Virginia DUI Defense Lawyer 

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 defense lawyer 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