Do I have a choice of Blood Alcohol Level Tests under Virginia DUI Law?
By: LawInfo
At the scene of the arrest, police officers will frequently offer what is called alcosensor. The alcosensor is a notoriously inaccurate breath test. It is used merely to show a person has alcohol in their system. Because of its inaccuracy, it is inadmissible in a trial; it merely shows probable cause for the arrest. When the person is taken back to the station for the "official" test they are usually only offered a breath test. Recently, the breath test was established by the Virginia General Assembly as the main test. Thus, the defendant does not have a choice of tests. He must take the breath test. However, if a breath test is not readily available or practical, the blood test shall be offered.
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Additional Virginia Drunk Driving Defense FAQs
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¿Cuál es la definición de DUI en Virginia?
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Do I have to take a Breath Test or any other Chemical Test when pulled over for suspected DUI in Virginia?
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What happens if the police officer failed to read me my rights after a DUI arrest in Virginia?
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Can I represent myself in Court under Virginia DUI Law?
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What terms are used for drunk driving offenses in Virginia?
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Is drinking and driving a crime in Virginia?
A: It is not a crime to drink and drive in Virginia. However, you may not legally drive if your Blood Alcohol Content (BAC) has exceeded the maximum percentage allowed … More -
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What is the legal drinking limit for drivers in Virginia?
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What are the penalties for a DUI conviction in Virginia?
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What happens if I refuse to take a Chemical Test in Virginia?
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