Blood & Breath Tests

Chemical Tests Used by Police to Determine Blood Alcohol Content (BAC)

A blood or breath test is a type of test that checks a person’s breath or blood to determine his/her blood alcohol concentration (BAC).  When law enforcement asks a person to submit to a blood test, they will do so to find out the percentage of alcohol the person has in his/her blood stream.  When law enforcement asks a person to submit to a breath test, they will try to determine the person’s BAC by gathering a breath sample.  Most times, officers will use a device like a Breathalyzer to gather this information.

In the Commonwealth of Virginia, the legal blood alcohol limit is 0.08%.  Any person who has a BAC of 0.08% or higher, whether they submitted to a breath test or a blood test, will be charged with driving under the influence by state law enforcement.  People who have extremely high blood alcohol concentrations will not only be charged with DUI, but also be subjected to enhanced legal penalties if they are convicted.  Additionally, in Virginia, people who have a BAC of 0.08% or higher will have their driver’s licenses suspended automatically for at least 7 days.   

Breath and Blood Tests Resulting in Virginia DUI Charges

While many people are under the assumption that blood and breath alcohol tests are 100% accurate, data shows that results may not be correct all the time.  In fact, there are numerous things that can lead to inaccurate test results.  For example, if an untrained officer administers a breath alcohol test, the test results may not be correct.  Other things may also cause discrepancies in test results such as faulty testing devices or even people using mouth wash before submitting to breath tests.   Due to the fact that blood and breath tests may not always be accurate, it is advised that people speak with a DUI defense lawyer anytime they have failed these tests.

Contact Our Office

When you have been accused of failing or refusing a breath test or blood test, you need a competent lawyer at your side. At the Law Offices of Scott C. Nolan, we can provide you with the legal counsel you need in criminal court and at your license suspension hearing to challenge these allegations.

Contact Fairfax DUI attorney Scott Nolan today for a free consultation.