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Do I Have A Choice Of Blood Alcohol Level Tests?

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.

Other Virginia Drunk Driving Defense FAQs

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Q: What Is The Definition Of Dui?
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Q: How Can The Case Be Proven?
A: Generally, prosecutors prove a DUI case under three methods. The first and easiest method for the Prosecutor to convict a person is by showing … More
Q: What Is The Punishment For Drunk Driving?
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Q: What Are The Penalties For Subsequent Offenses?
A: The Virginia Code also sets forth a number of more severe punishments for second and third offenses. Second offenses, upon conviction, result in a mandatory jail … More
Q: What Do Police Officers Look For While Searching For Drunk Drivers On The Highway?
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Q: Do I Have To Take A Breath Test Or Any Other Chemical Test?
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Q: What If The Police Officer Failed To Read Me My Rights?
A: There is a common misconception that when an officer fails to read a person their Miranda Rights (i.e., "You have the right to remain silent, you have a right to … More
Q: After The Officer Pulls A Person Over, What Does He Look For To Establish Probable Cause To Believe That The Person May Be Intoxicated?
A: Under Virginia law, a person can not be stopped by the police unless there is a reasonable suspicion based on "articulable facts" that the person has committed a … More
Q: Why Did I Lose My License For 7 Days, I Thought It Was "innocent Until Proven Guilty"?
A: Recently, Virginia began suspending DUI suspect's licenses for 7 days following their initial arrest. When this law first went into effect, there were many legal … More