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Virginia DUI Breath Test

If the police suspect you of drinking and driving, and have probable cause to arrest you for DUI, then they will direct you to take a breath test in most cases.  You will be instructed to blow into a tube located on the breathalyzer, which uses a sensor that detects ethanol alcohol on your breath and ultimately your blood alcohol content (BAC).  If you unreasonably refuse, then you will be additionally charged with refusing to take a breath test. 

Law enforcement authorities rely more and more on breathalyzer tests in their efforts to establish guilt in drunk driving cases.  The Defendant will normally be convicted of DUI if the breath test at issue is admitted into evidence unrebutted.  Breath test results can be challenged in court by your Virginia DUI lawyer.  Thus, experienced DUI Defense Attorneys spend much of their time attacking the breath test trying to find either a flaw or problem in order to have the test excluded from trial.

The breath test device used by police is nothing more than a fancy computer, and we all know that computers can malfunction.  It is important to hire a Virginia DUI Lawyer who knows how to challenge breath tests in court because serious questions have been raised regarding the accuracy of breath-testing devices.  For example, did you know that chewing gum or taking cough syrup for a cold can indicate a reading on a Breathalyzer?

The Virginia DUI attorneys of Riley & Wells have extensive experience with Virginia breath testing, and will research and analyze your breath test results in an attempt to develop your best defense.  In appropriate cases, an expert defense witness may be necessary.  Remember, you are not automatically guilty of DUI just because your breath test result was over the legal limit of .08% because there are many factors to analyze, which sometimes result in the test being inadmissible in court.  Contact Us today for a free initial consultation to discuss your breath test results and how it may affect your case.  

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The Virginia attorneys at the law firm of Riley & Wells practice criminal defense, DUI/DWI defense, traffic law defense, speeding ticket defense, and represent their clients throughout the Commonwealth, including: Richmond VA, Ashland, Beaverdam, Bon Air, Bowling Green, Caroline County, Chester, Chesterfield County, Colonial Heights, Dinwiddie County, Doswell, Glen Allen, Goochland County, Hanover County, Henrico County, Highland Springs, Hopewell, King William County, Midlothian, Mechanicsville, Montpelier, New Kent County, Louisa County, Petersburg, Powhatan County, Prince George County, Rockville, Sandston, Short Pump, Studley, and Varina.  We also represent out-of-state clients.


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