Defense Strategies to Protect Your Future
Breathalyzers are ever present in traffic stops across Virginia. Because the state is concerned with the well-being of travelers, they place a high priority on keeping the roads safe. For those who may be unaware, a breathalyzer is a device used by law enforcement to estimate the blood alcohol content of an individual by testing the air they exhale.
If you are pulled over under suspicion of driving under the influence of alcohol or drugs, a breathalyzer may be administered. The results of this test, and the one administered at the police department, can impact your future.
If you have been arrested and charged with a DUI, you need to act quickly to protect yourself. Identifying and engaging experienced legal counsel should be your first course of action. This is not the time to try to manage a difficult situation on your own; the stakes are simply too high. The value a seasoned legal professional can bring cannot be overstated.
He understands the ins and outs of DUI law in Virginia, knows how to address breathalyzer issues, and is committed to helping members of his community deal with difficult situations.
His decision to offer all potential clients a free consultation is just one example of the commitment he has made to providing quality legal defense services to those who need it most. Contact him today at 804.316.0765 to schedule yours. This meeting provides him the chance to learn about your specific situation and lets you see how it would be to work with him.
What Is a Breathalyzer Test?
In short, breathalyzer tests measure the level of alcohol in your blood. Virginia law enforcement performs two different breath tests, one on the side of the road after an individual has been pulled over and is suspected of driving under the influence, and the other at the police station after an arrest has been made.
Roadside Breathalyzer Tests
Police officers in Virginia are trained to recognize erratic driving (such as weaving, frequent changes in speed, driving excessively slow) and are charged with investigating it. Once an individual is pulled over, police officers will pay close attention to their interaction with the driver. The following may indicate that the individual was driving under the influence of alcohol:
- Slurred speech
- Bloodshot or watery eyes
- Confusion
- Presence of alcohol or empty containers in the vehicle
- Smell of alcohol from the car or on the breath of the driver.
If any of these factors are present, the officer may elect to do a field sobriety test. A police officer may ask you to stand on one leg and count backwards, recite the alphabet, or walk and turn. They may also perform the Horizontal Gaze Nystagmus Test.
Another tool used roadside to determine DUI is a Preliminary Breath Test (PBT). During this test, the driver will be asked to blow into a handheld breathalyzer which will measure their blood alcohol content. In Virginia, if the driver registers .08 or higher, they can be arrested. Additionally, if the driver is a minor (under the age of 21) a PBT reading of .02-.08 can trigger an arrest.
It is important to realize that drivers are not required to participate in the PBT test. While Virginia does have strong implied consent laws, these refer to the tests performed after an arrest at the police station.
Breathalyzer Tests After an Arrest
Those arrested for suspicion of driving under the influence will be taken to their local police station (or a hospital if need be). Once there, another breathalyzer test (or a blood test) will be performed.
The process for this test is similar to the PBT and requires the accused to blow into a breathalyzer which will then provide a reading. As a result of Virginia’s implied consent law, submitting to this test at the police station (or hospital if you were otherwise injured) is mandatory. Refusal could result in a fine of up to $500 and a mandatory one-year license suspension. The state keeps records of those who refuse these tests, and subsequent DUI incidents and refusals can result in more severe penalties.
Your Richmond DUI Attorney Can Question Blood Alcohol Content Results
Reliability of PBTs
Preliminary blood alcohol tests are not always reliable. The filters in these machines differ from those found in the police station; they are simply of lesser quality, which could impact readings. Varying air temperatures can also impact their accuracy.
These concerns are one of the reasons why these results are not admissible in court. The PBT is a tool used by police in making an arrest, not evidence in proving a crime.
Breathalyzer Accuracy
While breathalyzer results from tests performed at a police station or medical facility are more reliable, it does not mean that your DUI attorney cannot question them. In fact, these machines are known for their margin of error, and certain circumstances can impact the results.
Your attorney may employ any of the following strategies when questioning the accuracy of your BAC reading:
- Questions regarding the calibration and maintenance of the device
- Presence of medical conditions (like diabetes or GERD) that are known to affect readings
- Consumption of specific foods
- Use of certain medications (like cough or cold remedies)
- Application of specific products like cologne, hand sanitizer or mouthwash
- Failure to follow proper protocol.
Additionally, if your Miranda rights were violated at any point during your arrest, the results of the test may not be able to be used.
Building a Strong Defense Against Breathalyzer Results
Cody Villalon Knows How to Address These Tests
Results from a breathalyzer test that show your blood alcohol content is above the legal limit may lead you to believe that a guilty verdict is just around the corner. This is not necessarily true.
However, time is a critical factor. Upon being arrested for DUI, you should immediately contact an experienced and reputable DUI attorney. Penalties for driving under the influence are severe, even for first-time offenders. Engaging an attorney is an investment in protecting your future.
Many in the Richmond area rely on Cody Villalon, an experienced criminal defense attorney with considerable DUI experience. His commitment to protecting the well-being of those he represents is unparalleled. For more than 10 years he has been providing top-notch legal service to his clients.
Mr. Villalon’s firm was founded on his belief in the importance of everyone having access to quality legal defense services. As a sole practitioner, he handles every case personally.
Contact him today to schedule a free consultation regarding your personal circumstances. If you have been arrested, please do not say anything to anyone. Your words can be used against you; instead, allow Mr. Villalon to communicate on your behalf.
DEFENSE ATTORNEY CODY VILLALON
Cody Villalon is a criminal defense attorney in Richmond, VA representing clients accused of violent offenses and DUIs, and he specializes in serious criminal charges. He possesses more than 10 years of legal experience, has defended more than 1,000 cases, and has spent more than 5,000 hours in court. He is highly professional and well-respected by prosecutors and judges. [ Attorney Bio ]
