Virginia DUI Breath Test
While there are three different types of chemical tests (blood, urine and breath), Virginia police are only allowed to administer one: the breath test. If the police suspect you of drinking and driving, they will ask you to take a breath test. This device is portable and allows police to conduct testing immediately at the scene.
But did you know, that unlike some states, Virginia does not allow you to choose the chemical test you want to take? When police have probable cause to suspect you of drinking and driving, they will only ask you to submit to a breath test. If you refuse, you are charged with a misdemeanor.
How does a breath test work?
Police use a device called the Breathalyzer. This portable machine has a sensor that is used to detect ethanol and ultimately your blood alcohol content. By blowing into a tube, the machine can detect any alcohol on your breath. Alcohol unlike other liquids will not be digested by your body, rather it absorbs into your system. However, what you must remember (and what your DUI attorney already knows) is that this machine is just a machine…it is not error-proof. For example, did you know that just by chewing gum or taking cough syrup for a cold, this can indicate a reading on a Breathalyzer? And the police officer who administered the test must have received specific training. If not, it could affect your blood alcohol content results. Like all machines, the Breathalyzer is subject to systematic failure. Your DUI attorney will research this information as it relates to your case.
Should I take the breath test?
Like every other state, Virginia’s Implied Consent has an Implied Consent law in place as a way of penalizing anyone who refuses to take a chemical test. When you received your Virginia driver’s license, the DMV probably didn’t call out this law to you. By obtaining your license, you were impliedly consenting to submit to a breath test if the police have probable cause to suspect you of drinking and driving. You should also remember that your test results can be challenged in court by your defense attorney.
It’s best to contact an experienced DUI attorney in Virginia to go over the specifics about your breath test results.
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