Virginia Breath Test

Were you or a loved one recently arrested for driving under the influence (DUI) in the Commonwealth of Virginia? If so, you may be all too familiar with the breath test.

There are two common breath tests given in Virginia. A preliminary breath test is usually administered at the scene, while the evidentiary breath test is taken at a detention center.

To take the preliminary test, the officer will ask the driver to place his mouth around a disposable plastic tube that is attached to the hand-held machine. The officer will then ask the driver to blow into the device until he is asked to quit blowing. After this test, the machine will either print the results or display them on a screen.

In Virginia, it is illegal to drive with a BAC of 0.08 percent or higher. If the preliminary breath test results are over the limit, the officer will have probable cause to arrest the motorist for drunk driving.

Did you know that if you refuse to take the test, you can still be arrested? If the officer suspects that you are impaired because you fail the field sobriety tests, have slurred speech, or stagger, you can be arrested for suspicion of drunk driving, even without a breath test.

Once you arrive at the detention center or police station, you must take an evidentiary breath test due to Virginia's implied consent law. Refusing to take an evidentiary breath test will lead to your driver’s license being suspended for up to one year for your first offense. You will not be able to get a restricted license during this year. Each additional refusal will bring tougher sanctions.

Breath tests are popular among law enforcement agencies because they give somewhat accurate results if they are administered correctly. It is also an inexpensive way to determine a driver’s blood alcohol content. In spite of this, a good defense attorney can challenge whether or not this is legitimate evidence during court proceedings.

If you were recently asked to take a breath test and you failed or refused, you may be facing serious legal consequences. It is important to immediately find a Virginia attorney to defend you.

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