The Irving Law Firm Handles Breath Test Issues In Virginia DUI Cases

• Business

Breath testing can become a major point of dispute in a DUI case, but a number on a machine does not answer every legal question. For a DUI allegation arising around Manassas, VA, the circumstances surrounding the test may matter alongside the reported result. Virginia also distinguishes between a preliminary breath test given during an investigation and the evidentiary breath test that may follow an arrest. Preliminary Tests Serve A Different Purpose A roadside preliminary breath test is generally used to help an officer assess whether there may be probable cause for a DUI arrest. Virginia law allows a person suspected of DUI to refuse that preliminary test, and the refusal itself cannot be used as evidence in a DUI prosecution. The preliminary result also is not admitted as evidence of guilt at trial. Those rules make context important. An attorney may examine when the preliminary test was offered and how the officer used the result when deciding what to do next. The Irving Law Firm may also compare the breath-test issue with the officer’s other observations. If the prosecution relies on conduct before or after testing, those details need to be considered separately rather than assuming the breath result tells the whole story. Post-Arrest Breath Testing Raises Other Questions After a qualifying DUI arrest, Virginia’s implied-consent law generally requires a breath test in alcohol-related cases. If a breath test is unavailable or the person is physically unable to provide one, a blood test may be used instead. For an evidentiary breath result to be considered valid, Virginia requires testing by a licensed operator using approved equipment and methods. The Department of Forensic Science also regulates which breath-testing devices may be used. That creates room for questions about how the test was administered. Someone comparing options for a DUI lawyer in Manassas may want a skilled guide to look beyond the printed number and examine whether the required procedures appear to have been followed. Breath Results Need To Be Viewed In Context A test result may be important evidence, but its significance depends on the circumstances surrounding it. An attorney may review the timing of the test and the records associated with the testing process. If something appears inconsistent, further examination may be appropriate. That does not mean every procedural concern will lead to exclusion of the result. The court must consider the applicable legal requirements and the facts presented. The Irving Law Firm Can Question More Than A Number The Irving Law Firm can examine how breath testing fits into the larger DUI allegation rather than treating the result as the beginning and end of the case. They may identify whether the test was preliminary or evidentiary and determine whether the procedures surrounding it raise legitimate legal issues. The Irving Law Firm9253 Mosby St., 2nd FloorManassas, VA 20110(703) 844-4118 A breath-test reading can look definitive on paper. In court, however, the process behind that reading can matter just as much as the number itself. Careful review can reveal whether the evidence was obtained and presented in a way that meets Virginia’s requirements.