Seeing a breath test result above the legal limit can make a DUI charge feel settled before your case has even reached court. You may assume that a number produced by a machine leaves little room for a defense, but that is not always true. In Virginia, breath test evidence must meet specific legal requirements before it can be treated as valid evidence in a DUI prosecution.
A DUI defense attorney can examine how the test was administered and determine whether the result should carry the weight the prosecution places on it. The goal is to understand whether the testing process was reliable in your particular case.
A Breath Test Result Must Meet Virginia’s Requirements
Virginia law requires an evidentiary breath analysis to be performed by someone who holds a valid license to conduct the test. The equipment must also be approved, and the test must follow methods established by the Department of Forensic Science.
Those requirements give your attorney a place to begin when reviewing the evidence. If the person administering the test was not properly licensed, that can raise a legal issue. A meaningful departure from an approved testing method may raise questions about the reliability or admissibility of the result.
It is also important to distinguish an evidentiary breath test from a preliminary roadside breath test. In Virginia, you can refuse the roadside test, and that refusal cannot be used as evidence against you in a DUI prosecution.
The Number Does Not Tell The Entire Story
A breath test result can be important evidence, particularly because Virginia law prohibits driving with a breath alcohol concentration of 0.08 grams or more per 210 liters of breath when established through a qualifying chemical test. Still, the court is not required to view that number in isolation. Virginia law allows other relevant evidence concerning your condition to be considered even when a breath test result has been admitted. This means the circumstances surrounding the arrest can remain important.
Your attorney may compare the test result with what the officer reported observing. If other admissible evidence raises questions about the prosecution’s interpretation of what happened, those questions can become part of the defense.
How A Lawyer Can Approach A Failed Breath Test
A failed test does not automatically mean that challenging it will succeed. The strength of any challenge depends on what occurred during your arrest and whether the prosecution can establish that the testing requirements were followed.
A DUI defense attorney can review the records connected to the breath analysis and determine whether there is a legitimate basis to question the evidence. If you are facing a DUI charge in Manassas, having the test examined in the context of the full case can give you a much clearer understanding of where you stand.
