If you have been arrested and charged in Virginia with driving under the Influence (DUI), also called driving while intoxicated (DWI) in some states, you know how stressful it can be. You are likely aware of the tough laws Virginia has and how zealous it is in its prosecution. Whether a DUI is charged as a misdemeanor or a felony depends on your history and whether or not this is your first or subsequent DUI, and whether or not you were in an accident that caused injury or death to another person.
Penalties upon conviction are harsh. Your license will be suspended or revoked and you will likely spend some time in jail. You may be ordered to report to an Alcohol Safety Action Program (ASAP) for evaluation. An ignition interlock device will be placed on your car which requires you to blow into it to test your BAC before your car will even start.
The risks of criminal and DMV penalties as well as the damage to your reputation and possible loss of your job are great. Visitation and custody with your children may also be in jeopardy if you are a divorced parent. You need an experienced DUI attorney by your side fighting for you.
Call the Law Office of Faraji Rosenthall
Faraji Rosenthall, an Arlington DUI / DWI attorney, is a former prosecutor who knows how the system works. He knows how prosecutors think and what types of deals they are willing to make since he was one. He will work with you to decide if negotiation for reduced charges or mitigated penalties is in your best interest. If going to trial is the best approach, he will zealously fight for your rights and challenge the validity of the evidence the prosecution plans on using against you.
Challenges to the validity of the Breathalyzer test
If you have a blood alcohol content (BAC) of 0.08, you will be charged with DUI. One way your BAC is determined is by a breath test, usually done with a machine called a Breathalzyer. If you refuse to submit to a test, that is a separate offense with separate penalties and your refusal can be used as evidence against you at trial for your DUI. Even if you have a positive BAC test based on a Breathalyzer test, there are challenges that can be made to the validity of the test.
- The Breathalyzer device was not properly calibrated.
- If the officer who administered the test was not properly trained, the test is invalid.
- Certain medical conditions result in false positives including: hypoglycemia, low carbohydrate, high protein diets, and some kidney and liver disorders.
- Using breath spray or hand sanitizer that contain alcohol just prior to administration of the test.
There are other challenges that attorney Rosenthall can make to the validity of the Breathalyzer or other BAC tests as well as challenges to violations of your constitutional rights.