Challenging DUI Breath Tests in Colonial Heights
When facing DUI allegations in court, a person may be overwhelmed by potential evidence the authorities may have compiled against them. Challenging DUI breath tests in Colonial Heights may be a complicated and lengthy process without the proper legal knowledge. A Colonial Heights DUI lawyer could inform you of your legal rights if you are fighting any allegations of drunk driving. Considering speaking to a knowledgeable attorney before going to court.
Breath Tests Used in Colonial Heights
There are typically two different tests that could be referred to in a discussion of breath tests. The preliminary breath test (PBT) may not be used in the Commonwealth’s case in chief to show guilt or innocence of a DUI. The test may be taken at the scene by the person blowing into a little machine which gives a reading.
The Intoxilyzer is more serious of the two and is typically performed at the police station. If this machine gives a reading above 0.08, the Commonwealth could use this test result in their case to determine guilt and create a presumption of intoxication. This is the test that most people may think of when they talk about a breath test. A Colonial Heights DUI lawyer could help a defendant challenge either breath test in a criminal case.
Challenging the Results of a Roadside Test
The roadside breath test is challenged regularly. The Commonwealth of Virginia, through the Virginia General Assembly, has created laws giving attorneys the ability to question these tests. The person could challenge a roadside test by not taking it.
If an individual in Colonial Heights challenges a DUI breath test by not completing the PBT, there may be little to no evidence against them in determining the factors that go into the totality of the circumstances test. If they do not complete any test, it could limit the officer’s findings and what they have to look at.
If someone has completed the preliminary breath test, the best way to challenge the preliminary breath test may be to challenge the procedure that was followed and challenge the test itself if they may determine the type of test that was used.
If the individual could determine the type of test that was used by the officer, then they may challenge the validity of that test. Officers all typically use the same test and ensure the test has been certified by the Department of Forensic Science for that use. The individual may need to challenge where they keep and maintain the test equipment or the manner in which it was stored. That will be their best way to challenge the preliminary breath test performed on the side of the road.
Steps to Take After a DUI Arrest
If an individual is planning to challenge the results of a breath test, the first step they typically need to file Motion for Discovery first and request any audio or video recordings of the roadside interaction, the name of the officer who performed the test, and what type of tests were conducted at that time.
If the individual was intoxicated at the time of the traffic stop, their ability to respond to certain instructions may be limited, and the tests conducted may also be limited. If their plan is to challenge the test, that may begin at the time the test is being given. Refusing to participate in anything that they do not have to participate in may always be helpful.
Speak With an Attorney About Your DUI Breath Tests
If you are challenging DUI breath tests in Colonial Heights, contact a DUI attorney for support and guidance. An attorney could analyze the evidence against you and build a credible defense tailored to the facts of your case. Call today to schedule a consultation.