| Read Time: 2 minutes | Chemical Tests

When Is a Breath or Blood Test Required?

When a driver is suspected of DUI, it is standard for law enforcement to have breath or blood tests administered. When the law enforcement officer first pulled you over, they may have subjected you to a preliminary breath test. A handheld device is used to conduct such tests, and these handheld units are known to have serious problems. It is best to request that you are tested at the police station if you are pulled over. If the preliminary breath test shows you are above the legal limit, you will probably be subjected to additional breath and blood tests to obtain more reliable confirmation of blood alcohol content. The results from these tests were utilized as evidence in your court hearings to prove that you were, in fact, driving under the influence.

Can Test Results Be Challenged?

Some methods can challenge the blood and breath tests to bring the results into question or challenge them and invalidate the findings. A qualified Virginia DUI lawyer can review the testing procedures and equipment to locate ways to make the testing evidence inadmissible or otherwise unreliable. Investigating every aspect of test administration, the testing unit itself, the unit’s maintenance schedule, and whether it had been recently and correctly calibrated are all part of what could be done in defending individuals facing a DUI charge after a breath test or blood test.

It does not automatically mean that if the breath and blood tests result in levels above the legal limit, a DUI conviction will result. At the Law Offices of Michael A. Pignone, you will find skilled representation in locating weak points or flaws in the evidence that can bring out the discounting of this evidence. Some of the areas to be researched in such a situation include the qualifications of the person administering the test, what time the test was taken, the testing procedures, faulty equipment, contamination, and issues related to storage or chain of custody of evidence. Unfortunately, refusing the tests often indicates that you knew you were intoxicated, and Virginia law comes down hard on those who do. They will suffer the revocation of their driver’s license for as much as a year. Seasoned and experienced representation to aggressively fight your DUI charges is available to you through the firm.

More About Breath and Blood Test Evidence in Virginia DUI Charges

Any DUI charge could have seriously flawed evidence, whether the tests were incorrectly administered at the roadside or the police station. For the information produced by the testing to be considered accurate, law enforcement must carefully follow the correct procedures. It is astonishing how many testing errors occur; likely, many people who decided to plead guilty and did not choose to get defense counsel to review their case could have successfully walked away from court without repercussions. Don’t take any chances if you have been arrested and charged with DUI – call the firm’s professional, aggressive legal team today.

Author Photo

Michael Pignone

Michael Pignone was raised and has lived in Prince William County since 1972. He attended public schools in the county and graduated high school from Osbourn High in Manassas. Following high school, he attended George Mason University where he graduated with honors from the Business School with a Bachelor’s Degree in Finance. He was then accepted into, and graduated with honors from, Suffolk Law School in Boston, Massachusetts. Before entering private practice, he clerked for the Prosecutor in the Prince William County Commonwealth’s Attorney’s Office.

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