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.
A breath test is used to determine your blood alcohol content (commonly referred to as BAC). You may have heard it called a Breathalyzer test, which was one of the most common hand-held breath devices. However, the Intoxilyzer 5000 is the most common brand used today.
A breath test can be administered at the scene, or the police officer may ask the driver to take it at a detention center.
To take the test, the officer will ask the driver to place his/her 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/she 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 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? Although you won’t be arrested simply for refusing the test, the officer will assume that your refusal constitutes guilt and can arrest you for probable cause, such as having no proof of insurance or reckless driving. If the officer suspects that you have been drinking, you can be arrested for suspicion of drunk driving, even without a breath test.
Refusing to take a breath test will lead to your driver’s license being suspended for up to one year for your first offense. Each additional refusal will bring a longer suspension.
Breath tests are popular among law enforcement agencies because it gives pretty accurate results if it is 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.
Free DUI Evaluation
