Virginia Preliminary Breath Test

Preliminary Breath Test:

The Preliminary Breath Test is the roadside breath testing device used by law enforcement as an additional field guide as to whether of not probable cause to arrest a citizen for DUI exists. Concurrently, if you have been charged with a DUI you should call me I am a DUI defense lawyer. Basically, the PBT is a hand held breath testing device, commonly known as a blow device. Va. Code § 18.2-267(A) provides that any person suspected of DUI "shall be entitled, if such equipment is available, to have his breath analyzed to determine the probable alcohol content of his blood." Contrarily, the results are not admissible in a "prosecution."

Inadmissible

Additionally, preliminary Breath Tests are not admissible for proving guilt in a DUI Case, the results of the test are admissible to prove the validity of an arrest. Stacy v. Commonwealth (1996) The failure to offer a preliminary breath test will not invalidate an arrest.

In Virginia, a law enforcement officer must advise a DUI suspect prior to conducting a preliminary breath test:

  1. Firstly, the suspect, upon request, may observe the process of analysis and view the blood alcohol reading on the equipment.
  2. Secondly, the suspect may refuse the preliminary breath test and refusal cannot be used as evidence in any “prosecution.”
  3. Thirdly, the results of the breath analysis will not be used in any “prosecution.”

The Prosecution has the burden of proving the reliability of the preliminary breath testing or blow device. Whenever scientific evidence is offered, the court has to make a threshold determination of its reliability. If you have been charged with a DUI, you should call me, I am a DUI defense lawyer.

DUI Defense Lawyer

Consequently, even if you do not call me, you should still call a lawyer. A DUI Defense Lawyer can evaluate the states evidence against you and advise you on the likely outcome. A lawyer can help you make the best decision on how to proceed. Whether you choose to take your case to trial or pursue alternative means. Whatever your goals with a case, a DUI Defense Lawyer can fight for you.

Chris White Lawyer, LLC. is a Lynchburg, Virginia Law Firm available for free consultations in person, via Facetime, Skype, Zoom or phone (434) 660-9701. Please also check out my practice areas in Criminal Defense Attorney and Car Accident Lawyer. At my Law Firm we focus on the best result for the client. To stay connected we have a Youtube ChannelInstagramFacebookTwitterLinkedInTumblrBlogger
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Chris White lawyer, LLC
Cellphone: (434) 660-9701
Available with appointment (434) 660-9701:
700 12th St, Lynchburg, VA 24504
Available with appointment (434) 660-9701:
100 Tradewynd Dr. Lynchburg, VA 24502
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