Use of the Preliminary Breath Test in Loudoun County

If a driver is suspected of DUI in Leesburg, Ashburn or Sterling, a police officer will often ask that the person take a PBT (preliminary breath test) at the location of the traffic stop. The result of the PBT cannot not be used against the driver at trial regarding his innocence or guilt, BUT the PBT results may be used by the Loudoun County police officer to establish that he or she had probable cause to arrest a driver for DUI. The PBT results can only be introduced into evidence if the justification for the DUI arrest is challenged at a pre-trial hearing in Loudoun County General District Court.

A Leesburg DUI lawyer should know that the device used by the officer to take the preliminary breath test must be on a list of machines approved by the Department of Forensic Science of Virginia. If the PBT device is 1) not on the approved list or 2) has not been properly calibrated or 3) not used according to its operations manual, your DUI attorney may decide to prevent the Leesburg police officer from providing evidence about the results of the PBT at a pre-trial hearing.

Breath Testing Machines in Leesburg and Loudoun County

The Intoxilyzer 5000 is a larger breath testing device that is usually at the police station or jail. It is a piece of equipment that is connected to a computer. These machines are tested every month and must be calibrated every six months. If used correctly and properly operated, the machine will accurately determine a person’s blood alcohol content (or BAC) at the time the test is given. The Gordon Law Firm’s DUI attorney in Loudoun County, Alex Gordon, will explain that the Intoxilyzer 5000 can make errors. For instance, the Intoxilyzer has been attacked for reading chemicals other than alcohol, for not eliminating high BAC results due to stomach and esophageal health issues, and for not being calibrated or maintained properly. Additionally, Mr. Gordon will explain how he can effectively question the police officer about any mistakes the officer may have made in administering the breath test using the Intoxilyzer.

According to law, anyone operating a motor vehicle upon the public highways in Virginia gives his “implied consent” to take the breath alcohol test with the Intoxilyzer. Before a person in Leesburg, Sterling, or Ashburn, Virginia decides to take the test upon the machine, the Leesburg officer is required to read to the driver a list of the consequences if the driver chooses not to give a breath or blood sample.

“Implied Consent” is a term that means that if a person drives a motor vehicle on a public highway in Virginia, as defined in the code, that the driver automatically agrees to take the breathalyzer or, if the machine is unavailable, to take a blood test to find out and accurate measurement of alcohol or drugs in the driver’s system.

Our Loudoun County attorney will explain that if you “unreasonably” refuse to take the breath or blood test in Leesburg, the court will, after a hearing, automatically suspend of your driver’s license for 12 months. Under these circumstances, you CANNOT get restricted driving privileges. If a person has refused to take the test after previous Virginia DUI arrests, there could be a more lengthy suspension and the Commonwealth Attorney may chose to prosecute the case criminally. The suspension does not take effect unless the Loudoun County court decides that person “unreasonably” refused to breathe into the Intoxilyzer. Our Leesburg DUI attorney can explain how The Gordon Law Firm challenges refusal cases.

If you were driving a motor vehicle upon PRIVATE property, you are NOT required by law to take a test with the Intoxilyzer 5000 or a blood test. The arresting officer many times will strongly suggest to the driver accused of DUI to voluntarily take the test. If the result is below .08 percent BAC, taking the test may have been a good decision. However, if there is any chance that a driver’s BAC is anywhere near .08 percent, they should strongly consider not taking the breathalyzer. “Implied consent” warnings will not be read by the Leesburg or Loudoun County police officer prior to the breath test for DUI. Under these circumstances, if a driver accused of DUI, DWI, or any other drunk driving offense in Loudoun voluntarily takes the breath test, the BAC results may be used against the driver at trial.

Blood Tests

If the Loudoun County police officer chooses to have your blood taken instead of issuing a breath test, the implied consent law also applies, with the same consequences for refusing to consent to the test.