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Can a DUI breath test be questioned based on tester credentials?

On Behalf of | Nov 7, 2022 | Criminal defense |

In Virginia, people who are subjected to a traffic stop either when they are on the road or as part of a roadside checkpoint to see if they are under the influence will understand the concept of a breathalyzer test. The driver will be asked to blow into the machine and it will record their blood alcohol concentration (BAC).

People who are old enough to drink and register 0.08% will be arrested for driving under the influence. If it is someone under 21, the BAC to be arrested is 0.02% based on zero tolerance for underage DUI. This can result in various penalties including lost driving privileges, fines and even jail time. When considering the options for a defense, it is important to explore all the potential avenues. Having professional assistance is key in these cases.

Can the breath test be challenged?

According to the law, the testing must be accurate for it to be valid and usable in court. If it is not, then there is a chance the charges could be dropped or the driver will be acquitted. Along with the fundamental requirements for the officer giving the test like ensuring that the machine is calibrated, maintained and in proper working order, there must be a valid license to give the tests and the equipment must be up to standard.

People who administer the breath tests must be given proper training based on the established requirements. This training specifies the type of equipment they can use and will have a certificate to show they have met the criteria. On that certificate will be the name of the driver who is alleged to have committed DUI based on the BAC from the breathalyzer.

In addition, the accused must have been advised of their rights to observe the entire process and the BAC reading, the date and time, the sample’s content and the identification of the person taking the sample. Any violation of these rights could call into question the entire case as the certificate is admissible in court. The accused will also be allowed to receive a copy of the certificate.

DUI test results can be challenged and help with a legal defense

People accused of DUI must remember that there are myriad ways to combat the charges and avoid the penalties that accompany a conviction. This is important because DUI consequences go beyond the previously mentioned issues like driver’s license suspensions, fines and potential incarceration, but it can result in higher insurance rates, a negative impression personally and professionally and more.

When considering how to craft a defense, it is vital to have help from those who are well-versed in all aspects of criminal defense and DUI cases. The test result is often the strongest piece of evidence that the prosecutors have. Questioning it based on problems with how it was administered can be extraordinarily effective. Calling for advice and representation from those who have a firm standing in the community and have been providing legal services for a century is a wise first step to reaching a good outcome in the case.