BAC, or blood alcohol concentration, is used to refer to the measurement of the amount of alcohol within someone’s blood at a given time. Generally, law enforcement employs various forms of chemical testing in order to accurately measure the amount of alcohol in a person’s bloodstream.
These results are often one of the most important factors in securing a DUI conviction. That is why understanding BAC in Fairfax can be a crucial part of navigating the legal process associated with DUI charges.
Working with an experienced DUI lawyer may be an important part of defending against your charges. An experienced criminal defense attorney that understands the state’s DUI laws knows how your BAC could play a role in your case moving forward. An accomplished lawyer also understands the various methods used in testing BAC in Fairfax and the standards which the state must meet in order for results to be admissible against you.
Contrary to popular belief, field sobriety testing cannot accurately establish your BAC during a traffic stop. Field sobriety testing generally includes standardized field sobriety tests that are used to measure a person’s reflexes and coordination in addition to portable breathalyzers that can give an estimate of their BAC.
Neither of these can determine a person’s BAC accurately enough for their results to be used against them in court, but poor performance on these tests may be used to establish probable cause to effectuate an arrest on suspicion of operating a vehicle under the influence. People have a right to refuse these roadside tests and should do so if they are not completely comfortable in taking them.
Once an arrest on suspicion of driving under the influence has been made, an individual will typically be asked to submit to chemical testing at either a police station or a medical facility depending on the circumstances of the incident.
The most common form of chemical testing includes certified breathalyzer testing. In these tests, an individual will be asked to blow into a mouthpiece that is connected to a machine which will detect their blood alcohol concentration by using an electrical current, infrared light, or a chemical reaction. Once this occurs, law enforcement will receive an immediate reading of their BAC.
In cases where an individual is not able to consent to a breathalyzer, law enforcement may also use blood tests. This may occur if an individual cannot complete a breathalyzer test or even if the individual is unconscious. Law enforcement may also conduct blood testing when a driver is suspected of being under the influence of a substance other than alcohol.
Virginia, like all states, has what is known as an implied consent law. Found in the Code of Virginia Title 18.2-268.2, this law means that any licensed driver has given implied consent to chemical testing after being arrested on suspicion of driving under the influence. This includes both implied consent to breathalyzer testing as well as blood testing.
Unlike roadside sobriety tests that can be refused without significant consequences, refusal to submit to this chemical testing can result in an automatic suspension of their license even if they are not convicted of driving under the influence. For more information about implied consent and BAC in Fairfax, contact a well-established defense attorney.
When it comes to the important role that BAC will likely play in the DUI charges you may be facing, a seasoned attorney that understands the nuances of testing BAC in Fairfax may be able to help you understand more about BAC and the rest of the legal process you may be facing.
These charges can be intimidating, but an attorney that takes the time to take a thorough approach to helping you understand your charges and options can mean that you do not have to face those charges alone.
If you are facing Fairfax DUI charges or have questions about the role your BAC can play in facing DUI charges, call to learn more about how a dedicated Fairfax DUI lawyer could help you explore your options.
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