WHY IS IT IMPORTANT TO SPEAK TO A DUI LAWYER CULPEPER VA?
How do police officers in Culpeper VA find out if a driver they suspect to be inebriated is intoxicated as per the legal requirements for a drunken-driving conviction? Such questions are often posed to lawyers by clients who are shocked about how their intoxicated state was revealed to the Culpeper VA officers conducting a routine traffic stop. Alcohol intoxication is legally defined and measured by one’s blood alcohol concentration (BAC) level, say Culpeper VA lawyers. During a stop, if the Culpeper VA officer suspects or believes that you are guilty of DUI, you will be asked to take a breathalyzer test. To understand the technicalities involved in conducting a breathalyzer test, contact a skilled Culpeper VA lawyer.
How is the Breathalyzer Test Conducted?
A proficient Culpeper VA lawyer will explain that a breathalyzer test is conducted by using a breathalyzer device. It is a small handheld device that will precisely measure a person’s breath to conclude the intoxication levels of the driver. Your Culpeper VA lawyer will explain that your DUI level is determined when you blow into the breathalyzer. The device then evaluates the levels of alcohol in your breath. In VA, you are considered legally intoxicated and guilty of DUI if your BAC is .08 percent.
Clients are often eager to know how a breathalyzer is able to detect the alcohol levels in the body of a person suspected of DUI violations. The Culpeper VA lawyers elucidate that breathalyzers can detect alcohol in the body of the person suspected of DUI, 15 minutes after consumption and about 12 to 18 hours later. If you fail the test, you could be arrested for DUI, warn the Culpeper VA lawyers. You should never refuse a breath test because doing so has serious consequences. The experienced Culpeper VA lawyers accentuate that if one violates the implied consent law and refuses a breath test, he/she may be imposed with a suspension of his driving license for one year. To know more about the validity of the DUI results obtained from these breath tests, consult a skilled Culpeper DUI lawyer.
Can the Results of Breath Tests be Challenged?
Your Culpeper VA lawyer will explain how important it is to rebut the prosecutor’s contention that the breathalyzer device was appropriately calibrated before use. Breathalyzer machines are the most common tool used by police officers to evaluate an individual’s BAC, say Culpeper VA lawyers. Though modern breathalyzers are fairly accurate, they are not perfect. It can be surprising for clients to know from their Culpeper VA lawyers that the DUI results from breath tests can be challenged. It is a fact, say Culpeper VA lawyers that the results originating from a breathalyzer are known to be erroneous and any defect or error in the result can be as much as .01 percent. The contention that the device has produced the wrong results has been a winning defense strategy in several Culpeper VA DUI cases, say lawyers. Even in complicated DUI cases, one popular defense that has worked is the contention by Culpeper VA lawyers that due to the interference of many external factors and errors in the manner of conducting the test, the result of the breathalyzer test is unreliable.
What are the Factors that Influence the DUI Breath Test Results?
Breath Alcohol test results can be influenced by different factors, ranging from natural causes to medicated drugs, elucidate Culpeper VA lawyers. The law requires that anyone administering the DUI breath test in Culpeper VA should follow certain requirements before administering the test. Operators of any breath alcohol testing device in Culpeper VA must be trained in the use and calibration of the device, before administering a breathalyzer test during a traffic stop. When these conditions are not followed during the traffic stop in Culpeper VA, then the BAC results can easily be challenged and be used as a solid defense in many DUI cases. If properly analyzed by experts in the field, the breathalyzer results can be an indispensable piece of a strong defense against DUI allegations. These faults in the process of administering the DUI tests can be used to the client’s advantage by the Culpeper VA lawyer to request a reduced charge or even dismissal.
How to Deal With Incorrect Results?
Some medical conditions directly impact an individual’s BAC numbers. Gastroesophageal reflux disease (GERD) is a medical condition that can directly affect the results of your breathalyzer analysis. Police officers solely rely on breath tests to charge individuals with DUI, but one risk involved in such reliance is the possibility of inaccuracy. Such inaccuracy will be brilliantly used by your lawyer to dismiss the DUI charge. With a lawyer at your side, the presence of GERD in an individual may serve as a defense to DUI charges based on breath test results.
Another valid reason behind an unfavorable outcome can also be caused by drugs that are taken before the DUI test is administered, say Culpeper VA lawyers. A couple of medications like Nyquil, Vicks, and other cold solutions, contain alcohol and can cause a high BAC level. These medications remain in a person’s airways longer than other medications, resulting in the likelihood of an incorrect or misleading outcome. The problem with the breathalyzers is that other chemical compounds may be present in an individual’s breath that can cause incorrect DUI results. Some mouthwashes and sprays also have high alcohol content and can have an effect on the results.
Having a fever at the time you go through a breathalyzer test can also result in misleading BAC values. Prosecutors often use breath results as the basis for DUI convictions. When there is evidence to prove that the results are incorrect, the DUI lawyers know how to confront the breath analysis results and unearth flaws in the prosecutor’s case.
Having false, misleading, or inaccurate results is extremely problematic. You should always fight for the dismissal of your conviction with a lawyer’s support. Contact our lawyers at The Law Offices of SRIS, P.C. for easy acquittal.