Attorney Bob Keefer
Dedicated DUI Defense Representation
Breath Alcohol Test
Handled By Our Harrisonburg DUI Lawyer
The breath alcohol test in Virginia is the most common chemical testing done for a DUI case in this state. The breath alcohol breath test requires you to blow into a machine that measures your breath alcohol content (BAC). There are two types of breath alcohol breath tests given in Virginia – the portable breath test (PBT) and the evidentiary breath test. If you take either of these tests, you need a Harrisonburg DUI lawyer who understands the science behind these machines and knows how to challenge the validity of the test results in your case.
To learn more about breath alcohol tests and how our DUI lawyer in Harrisonburg can help you, please call us today at (540) 433-6906 or contact us online to set up a free consultation.
PBT Alcohol Test Device
The PBT is a handheld alcohol test device that is often utilized on the side of the road. These are the most unreliable of the blood alcohol breath tests. The exact BAC number the machine provides is often not admissible in court but may be admissible if your attorney challenges the probable cause the officer had to arrest you for a DUI. These machines do not have the same filters the evidentiary machine is supposed to have.
They are also highly susceptible to weather temperatures and other factors that affect their reliability. Refusing to submit to the PBT does not violate Virginia’s Implied Consent law.
Evidentiary Breath Alcohol Breath Test
The evidentiary breath test is the test you take after you have been arrested and taken to the police station. There has been a lot of litigation across the nation about the reliability of these machines. There are a number of factors that affect the reliability of the results these machines produce, but courts – while acknowledging there are problems with the machines – have made it the duty of your defense attorney to prove the machine malfunctioned in your particular case.
Harrisonburg DUI Lawyer
Both of these machines fail to take into account several factors that would determine your actual BAC, including, but not limited to, your gender, your lung capacity, and various medical conditions.
Whether you take the PBT or the evidentiary blood alcohol breath test is your choice. There are consequences for refusing the evidentiary blood alcohol breath test that may include a longer license suspension. Refusing the test does not guarantee you will not be convicted, but may help you avoid certain penalties if your BAC is .15 or higher. Contact Harrisonburg DUI Attorney Bob Keefer for a free confidential case review before taking a breath test.
To schedule your free consultation with our Harrisonburg DUI lawyer, you can reach us at (540) 433-6906.
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“His expertise and experience in navigating the legal shoals and mastering scientific evidence in DUI cases resulted in a reduction of charges!”
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When You Need a Traffic Lawyer,
Keefer Law Firm Can Help.
- Attorney Keefer is one of the few people in Virginia to call himself a NHTSA Certified Field Sobriety Instructor.
- He has completed the DOT Certified Breath Technician course on the EC/IR II, Virginia’s breath tester for evidence.
- He was a founding member of the DUI Defense Lawyers Association and is a member of the National College for DUI Defense.
- Attorney Keefer has more than 30 years of experience providing legal representation throughout Virginia.
- Our office contains the Alco-Sensor III, which is also used by law enforcement for preliminary breath testing.
- We offer free consultations for traffic offense and DUI cases.