DUI Breath Test

DUI Breath Test Lawyer in Northern Virginia


If you are pulled over for suspicion of drunk driving, the arresting officer will use a blood or breath test to determine if you are intoxicated and charge you with driving under the influence (DUI) or driving while intoxicated (DWI). For police officers a breath test is the method of choice for collecting intoxication evidence.

Virginia code 18.2-266 states that a person is intoxicated with a blood alcohol concentration (BAC) of 0.08 percent or higher, but it’s possible to be charged with DUI/DWI with a lower BAC. An officer must arrest you within 3 hours of driving on a public road to use breath sample evidence in court.

Some individuals may refuse a breath test, especially if they don’t think the officer had good reason to pull them over in the first place. However, with Virginia’s implied consent law, you may face significant penalties if you refuse to consent to a breath test.

If you’ve been charged with a DUI/DWI and must submit to a blood or breath test, make sure you understand your rights. A DUI/DWI charge is nothing to take lightly, and you must come prepared with an excellent legal defense. The team at J. Madison PLC has years of experience trying DUI cases. Our attorneys can help you understand the laws involved with blood and breath testing and how to defend against your DUI/DWI charge in court.

Implied Consent and Refusal Penalties

The Commonwealth of Virginia takes DUI/DWI charges very seriously, and therefore it implemented an implied consent law (VA code 18.2-268.2). This law states that as long as you operate a motor vehicle in Virginia on a public road, you automatically consent to providing your blood or breath for sobriety testing. If you refuse to take that breath test when asked by the arresting officer, you may face serious consequences.

The penalties for refusing a breath test depend on if you are a first-time or repeat offender, but in any case, they can have serious implications for your driving record and reputation.

Defending Against a DUI Charge

The Implied Consent law makes it difficult to refuse a breath test without consequences, but if you’ve been arrested for DUI/DWI, it’s important that you understand how you can defend yourself in court.

Common defenses to breath test DUI/DWI cases included questioning whether the police officer had probable cause to make the DUI/DWI arrest, whether that arrest occurred within the requisite three hours of driving, whether the breath test operator properly administered the test and whether anything in your medical history may have affected the results of the breath test.

No matter the circumstances of your case, if you’ve been charged with DUI/DWI, you should contact an experienced DUI attorney immediately. J. Madison PLC’s attorneys will protect your rights and fight to give you the most favorable outcome.

J. Madison PLC: Fighting for You

J. Madison PLC is a law firm in Northern Virginia that provides both employment and criminal legal defense services. Our attorneys are experienced, compassionate, and will make you their number one priority at every step of the way.

If you’ve been charged with DUI/DWI, contact J. Madison PLC today at (703) 910-5062.

Former Arlington County prosecutor Benjamin R. Inman leads J. Madison PLC's criminal defense practice.

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