Prosecutors in Virginia take drinking and driving cases very seriously and attempt to make anyone accused of one to face the consequences. However, defense lawyers know that there could possibly be many issues with the way officers conduct a DUI stop. Attorneys know that there could be many issues with Fredericksburg DUI breathalyzers. This is why if you have been charged with a DUI after failing a breathalyzer test, you should contact an experienced lawyer as soon as possible.
There are a few common misconceptions that people have about Fredericksburg DUI breathalyzers. Many people believe that the breath test is not going to be used in court or that if someone blows below a 0.08 they will not be charged with driving under the influence. This is not always true.
It is fairly common for someone who is charged with driving under the influence after a DUI stop to show a breathalyzer result of a 0.05 or a 0.06, but that person still might have to go to court to answer the charges against them.
Breathalyzer results, like all scientific evidence, is put forth by the state and can be challenged in several different ways by an experienced defense attorney. Specific to breathalyzer tests, there are a number of issues that arise in the routine maintenance of the machine or the certification of a machine which can make the result of that specific machine ineligible. There are three different stages at which a breathalyzer result can be challenged. One occurs prior to arrest in which the defense argues that a breathalyzer result was taken against the constitutional rights of the accused and that evidence should be suppressed.
Another way to challenge a breathalyzer is if there was a fault with the machine being used or if the officer using the machine was not properly using it.
Also, it is possible to show that the machine gave a correct result of physical reasons, but the breath sample did not have an accurate indication of the actual blood alcohol content of the subject of the test. This means that although the test works properly, the person’s blood alcohol content was lower than what that result from their breath is. The most common way this happens is due to a strong acid reflux condition or heartburn at the time of the test, which causes the alcohol and air in their stomach to give their breath a much higher alcohol content. Another instance when this can occur is that another substance containing alcohol is still in an individual’s mouth, causing there to be a higher reading from a breath test.
The most important thing to be aware of with Fredericksburg DUI breathalyzers is that it is a scientific instrument, it is a tool that has to be used properly and can only show the results of what is put into it. Any time that someone is charged with a DUI and a breathalyzer is involved, it is important to hire an attorney who has experience working with breathalyzer results. A seasoned lawyer knows the common issues that arise with breathalyzers to evaluate the test and the instrument.
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