Breath, Blood, and Urine Tests

Chemical tests are common in determining if a person could be driving under the influence in Virginia. While these tests provide significant information, they can be flawed. If you have been given such a test, work closely with a Virginia DUI defense attorney to know what your rights are.

Importance of Chemical Tests in DUI Cases

After a DUI arrest, police often administer breathalyzer or blood tests to determine if a driver is intoxicated. These tests are critical pieces of evidence but are not always accurate, and false positives can occur. 

Types of DUI Tests

The following are some of the most common DUI tests used today:

• Roadside Breathalyzer Test (Preliminary Breath Test – PBT): Administered at the scene, often with a portable device. These results are generally not admissible in court but can lead to an arrest.
• Evidentiary Breath Test (EBT): Conducted at the police station and used as evidence in court. Even this test can produce false positives.
• Blood Tests: Require proper handling and storage; any errors can lead to inaccurate results.
• Urine Tests: Less common and prone to false positives.

Regulations and Implied Consent

There are several key laws you should know about DUI tests:

• Virginia’s Implied Consent Law: Drivers implicitly agree to take a breath or blood test if arrested for DUI. Refusing an EBT can lead to a 12-month license suspension, though recent amendments allow for a restricted license after 30 days for a first offense if “good cause” is shown.
• Strict Testing Protocols: Tests must be conducted within three hours of the offense, and drivers are entitled to observe them and receive results.

Challenges to Test Accuracy

There are steps your DUI attorney may encourage you to take to defend against these tests. This includes proving potential errors occurred, such as:

• Defective machines
• Improper use of devices
• Poor sample storage
• Medical conditions that caused inaccurate results

An experienced Norfolk DUI attorney can challenge the validity of the test results and potentially have the charges dismissed if errors are found.

If You Have Failed a DUI Test, Contact a Criminal Defense Attorney

Act quickly to protect your rights after a DUI chemical test failure. If you believe the results were not accurate, your attorney can help you navigate your legal options. An experienced Virginia DUI defense lawyer can investigate your case, challenge the evidence, and work to protect your rights.

If you have been charged with a DUI in Norfolk or the larger Hampton Roads area, contact Welch & Wright for a free case evaluation to discuss your legal options.