Virginia Beach DUI Breathalyzer Test Defense Lawyer

Virginia Beach DUI Breathalyzer Test Defense Lawyer

DUI Breathalyzer Test Defense Attorney in Virginia Beach, VA

Driving home after an evening out, you see the flashing lights in your rearview mirror. Your heart sinks as you pull over, and a wave of worry washes over you. The officer approaches and suspects you’ve had too much to drink. Next comes the request that you take a breathalyzer test.

In that moment, your mind might race with questions: “What if I fail? Can I refuse? What will happen next?” It’s a situation that no one wants to be in, but if you are, it’s important to know your rights and what to expect.

At The Phoenix Trial Firm, we know that a DUI charge can greatly impact your life. A DUI conviction can leave a permanent criminal record, which may affect your future employment opportunities and increase your insurance rates. That’s why we’re here to help you through every step of the process, ensuring you understand your rights and options. Contact our DUI attorneys for a consultation. While some firms offer a free consultation, we provide transparent, affordable consultation options: you can contact us for a 15-minute consultation for $50, a 30-minute consultation for $100, or a 1-hour consultation for $150.

Have you been in an accident? If so, The Phoenix Trial Firm has the right attorneys to help you on your journey. Now is the right time, so call them in a hurry! Contact our DUI attorneys for a consultation.

What Is a DUI Breathalyzer Test?

A DUI breathalyzer test measures how much alcohol is in your breath. When you blow into the device, it estimates your blood alcohol concentration (BAC). If this number is 0.08% or higher, you could be charged with driving under the influence (DUI). It’s a quick way for police to check whether you’re over the legal limit for alcohol while driving. However, these tests aren’t perfect, and many things can affect the results.

There are two breath tests commonly used in DUI cases: the portable breath test (PBT) and the official breath test (EBT). The portable breath test, also called a preliminary breath test, is administered at the roadside during the pre-arrest phase to help officers determine probable cause for a DUI arrest. This test is voluntary, less reliable, and its results are generally not admissible in court. The official breath test, or evidential breath test (EBT), is a chemical test conducted at the police station. The EBT is more accurate, and its BAC results are used as evidence in court.

To understand how a breathalyzer test work, the device analyzes alcohol vapor in a person’s breath. When alcohol vapor is present, it reacts with a solution called potassium dichromate inside the device. This reaction turns the solution green, and the color change creates an electrical current. The device then converts this current into a BAC value, which is used to determine if you are over the legal limit.

Common Issues with Breathalyzer Tests

Breathalyzer tests are widely used, but they aren’t perfect. Many factors can affect how accurate a breathalyzer test is, including operator error, the type of device used, and individual physiological differences.

Here are some common issues that can affect their accuracy:

• Belching, Vomiting, or Hiccupping: These actions before a breathalyzer test can result in a falsely high alcohol reading.
• Dieting: Low-carb diets can produce ketones, which create isopropyl alcohol that may cause a false positive on a breathalyzer test.
• Residual Alcohol in the Mouth: Traces of alcohol from food trapped between teeth can elevate your BAC reading.
• Metabolism: A slow metabolism can cause alcohol to be absorbed more slowly, leading to a higher BAC reading.
• Breath Temperature: Breathalyzers are calibrated for 34°C, but a person’s breath can be closer to 35.5°C during a DUI arrest, potentially increasing the reading by 10% to 20%.
• Portable Breath Tests (PBTs): Portable devices used at the roadside are less accurate than official station-based breathalyzers and may not be admissible in court.

Blood tests are generally considered more accurate than breath tests for determining blood alcohol concentration (BAC).

Can I Refuse a Breathalyzer Test in Virginia?

Yes, you can refuse a breathalyzer test in Virginia. If you’re stopped for a DUI in Virginia and refuse to take a breathalyzer test, it doesn’t automatically mean you’ll be convicted of DUI.

According to Virginia Code § 18.2-268.2, known as Virginia’s Implied Consent Law, you’re presumed to have consented to undergo a breathalyzer or blood test—or both—once you’re arrested for DUI. Under implied consent laws, drivers are generally required to submit to a formal chemical test after being lawfully arrested for DUI. Once arrested, you must submit to a chemical test, and refusing to do so can result in immediate license suspension and the prosecution may use your refusal as evidence against you in court. If you refuse the evidentiary breath test in Illinois, your driver’s license will automatically be suspended for 12 months. In Ohio, refusing a breathalyzer test can result in an immediate license suspension. In Virginia, if you are stopped on suspicion of drunk driving and refuse to take a chemical test, the officer can take your driver’s license immediately.

However, this law only applies after your arrest. Before an arrest, when an officer is assessing whether you were driving under the influence, you are not obligated to take the portable breath test at the roadside. You may refuse the portable breath test without penalty, but you may still be arrested based on other evidence.

What to Do if You Fail a Breathalyzer Test?

If you fail a breathalyzer test, it’s normal to feel worried, but there are steps you can take to handle the situation:

Failing a DUI breathalyzer test establishes probable cause for arrest and often results in vehicle impoundment. In many states, this also triggers automatic license suspension (ALS), which can last for 6 months or more. If your breath test shows a BAC of .08% or higher, your license can be suspended immediately. Failing a breathalyzer test leads to immediate criminal charges and potential jail time, with penalties increasing for repeat offenses. DUI charges based on failed breath tests can result in mandatory minimum jail sentences, and repeat offenders may face even harsher penalties due to extended lookback periods.

1. Remain Silent: You have the right to remain silent. Politely decline to discuss your drinking or where you’ve been until an attorney is present.
2. Do Not Resist Arrest: If the officer decides to arrest you, do not resist. Resisting can lead to additional charges.
3. Document Everything: Try to remember everything about the situation, such as what you ate or drank before driving, the time of the stop, and how the test was conducted. This information can be very helpful for your lawyer. For more details, see what to do after a DUI arrest in Virginia.
4. Contact an Attorney: As soon as possible, contact our DUI lawyers in Virginia Beach. We can guide you through the process and help protect your rights.

Why Choose The Phoenix Trial Firm?

If you’re facing a DUI charge, the attorney you choose can significantly impact the outcome of your case. With our extensive experience in DUI defense, The Phoenix Trial Firm offers clients the advantage of a dedicated legal team with a proven track record of success. Our experienced DUI defense attorneys are committed to protecting your rights, challenging breathalyzer test results, and providing the comprehensive support you need throughout your case. Here’s why you should choose us:

Personalized Attention

We treat every client like family. When you work with us, you’re not just another case. We take the time to listen to your story and understand your unique situation. Your concerns are our concerns.

Experienced Representation

Our team has years of experience handling DUI cases. We know the ins and outs of the law, and we use that knowledge to fight for the best possible outcome for you. We’ve successfully defended clients just like you and are ready to put our experience to work for you.

Strong Defense Strategies

Every DUI case is different, and so is our approach. We’ll carefully review your case’s details, from the traffic stop to the breathalyzer test, to build a strong defense. Our legal team will gather evidence, including other evidence such as witness statements, video footage, and officer observations, to challenge the prosecution’s case and prove your innocence or raise reasonable doubt. Our goal is to challenge the evidence and find any weaknesses in the prosecution’s case.

Extensive History of Success

We have a history of successful case results. Whether it’s reducing charges, securing acquittals, or achieving favorable plea deals, our results speak for themselves.

Clear Communication

We keep you informed throughout the entire process. No legal jargon—just straightforward explanations so you always know where you stand.

How We Can Help

If you’re facing a DUI charge, The Phoenix Trial Firm is the law office you can trust. Our experienced DUI attorneys understand what you’re going through, and we’re here to help. Consulting a DUI attorney is the best course of action when facing DUI charges, as we can guide you through your options and protect your rights. Here is how we can help you with your DUI case.

• We Listen to Your Side of the Story: We listen to your story, understand the specifics of your situation, and tailor our strategy to meet your needs.
• We Analyze the Evidence: This includes scrutinizing the breathalyzer test results and the circumstances of your arrest.
• We Challenge the Evidence: Breathalyzer results aren’t always set in stone. We scrutinize the evidence, from the device’s calibration to the procedures followed during your test, to find any discrepancies that can work in your favor.
• We Offer a Strategic Defense: We develop a criminal defense strategy that aims to reduce the impact of a DUI charge on your life. Whether negotiating for lesser charges or fighting for a dismissal, our goal is to secure the best possible outcome for you.

Contact Our DUI Attorneys in Virginia Beach Today

Facing a DUI charge can be a tough and stressful experience. It’s natural to feel overwhelmed by the legal process and the potential consequences. We’re here to help you every step of the way. Our goal is to make sure you understand your options and protect your rights. We will work hard to get the best possible outcome for your case.

Contact our DUI attorneys in Virginia Beach for a consultation. You can contact us for a 15-minute consultation for $50, a 30-minute consultation for $100, or a 1-hour consultation for $150.

See what our clients have to say by reading our testimonials. Now is the right time, so call The Phoenix Trial Firm today at (434)-260-6881.