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 Poindexter & Wright Law, we know that a DUI charge can greatly impact your life. 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. 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, Poindexter & Wright are 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.
Common Issues with Breathalyzer Tests
Breathalyzer tests are widely used, but they aren’t perfect. 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%.
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. 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 test.
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:
- 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.
- Do Not Resist Arrest: If the officer decides to arrest you, do not resist. Resisting can lead to additional charges.
- 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.
- Contact an Attorney: As soon as possible, contact our DUI lawyers in Virginia. We can guide you through the process and help protect your rights.
Why Choose Poindexter & Wright Law?
If you’re facing a DUI charge, the attorney you choose can significantly impact the outcome of 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 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, we understand what you’re going through, and we’re here to help. 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 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 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.
Now is the right time, so call Poindexter & Wright today at (434)-260-6881.