Virginia Breath Test
When an officer pulls someone over for suspicion of driving under the influence (DUI), he or she will normally ask the driver to do two things: the first is to perform a task as part of a field sobriety test; the second is to submit to a breath test.
You may have heard this referred to as a Breathalyzer test – however, that was the name for one of the older, common brands of devices. If you ever have to take a breath test today, it is more likely that the Intoxilyzer 5000 brand will be used.
To administer the breath test, the officer will ask the driver to blow into a breath machine by using a disposable tube that is hooked up to the hand-held device. This will last for a long moment. The officer will then ask the driver to quit blowing into the device, and the machine will either provide a result on the screen or a printout of the results.
This test can be administered at the scene, or the driver may be taken back to a detainment center for the test. This is just one of three tests used to determine your blood alcohol content; the other two are blood and urine tests.
In Virginia, you will be arrested for drunk driving if your BAC is at or above .08 percent. If your BAC is at this level, the officer can arrest you for probable cause on suspicion of DUI.
If you have taken a breath test and failed, all is not lost. Experienced defense attorneys are skilled at attacking these tests. If there is a flaw in the machine or a problem with the way the test was administered, you still have a fighting chance at winning your case.
Michael Tillotson is a nationally-certified breath test operator. He also owns the Intoxilyzer 5000 and the Intoxilyzer S-D5, two of the most common breath test devices in the Commonwealth of Virginia. Mr. Tillotson is knowledgeable about potential equipment and administration errors that can produce a false reading.
If you are interested in more information, you can contact Tillotson Law by filling out our convenient online form now.
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