DUI/DWI DEFENSE: THE SCIENCE

Why Was I Required to Provide a Breath Sample?

The purpose of providing a breath sample is to accumulate evidence against you which the prosecutor will seek to use in court. Prior to blowing into the breath device, the officer should have followed specific procedures regarding your breath sample. As an experienced attorney who has handled many DUI/DWI cases in Virginia, I understand these procedures, enabling me to identify any flaws by the officer operating the breath device in your case.

How does Offering a Breath Sample Determine Blood Alcohol Concentration?

A common device currently used in Virginia to determine blood alcohol concentration is the EC/IR II. Unlike the preliminary breath sample you may have provided on the street and prior to being placed under arrest, the results of the EC/IR are admissible in court as evidence of blood alcohol concentration. The device works by using an infrared sensor in conjunction with an electrochemical fuel cell to extrapolate from the breath sample the amount of alcohol within the blood.

Can I Challenge the Results of the Breath Sample?

Yes. While the prosecution will argue that the results are infallible, making sure the officer followed proper procedures and that the breath test device has been properly calibrated and certified according to Virginia law are essential steps in attacking a DUI/DWI breath test case. Sometimes challenging the breath sample may also include the assistance of an expert to confront the assumed reliability of the evidence. When attacking a DUI/DWI case, I use my experience and understanding of the science behind the breath test device to identify flaws in the prosecution’s case.

Contact Me Today

I have extensive experience in aggressively representing clients throughout Virginia who are charged with DUI/DWI and understand the science behind the breath alcohol determination device. Seeking an attorney quickly can be helpful in outlining strategies to your defense without missing out on potential defense opportunities. I offer a free initial consultation, reasonable fees and I accept major credit cards.

IMPORTANT: If you have already been to court and received a conviction, there is a very limited amount of time which you have to note an appeal. Contact me immediately to find out your appeal rights.