Prosecutors need to show you were in fact driving under the influence or had a blood alcohol concentration (BAC) of .08% or more in your system. Without an accurate BAC measurement, the prosecutor will not be able to convict you of a DUI. If you had a high BAC, the prosecutor can provide the court with proof of driver impairment.
The authorities provide breath tests using a reasonable precise method of obtaining a BAC measurement.
Learn about Evidential Breath Test (EBT) Breathalyzers
EBT or evidential breath test device is a type of breathalyzer. Preliminary alcohol screening or PAS is the second type of breathalyzer. The authorities use PAS devices to determine whether or not a probable cause exists for a DUI arrest. For this you’ll need a DUI lawyer with experience in Virginia.
PAS are portable device, thus making them easier for authorities to carry and use them. However, not all PAS machines provide accurate results of the BAC level in the person’s body. EBT breathalyzers are used for collective evidence at trial and DMV hearings. Out of the two, they provide accurate results of the BAC level in the person’s body. Another difference is in the size of each device. PAS devices are small whereas EBT devices are large.
EBT devices are stationary machines that the authorities keep at the station or jail. Authorities use a PAS device when they pull a person prior to the arrest and use an EBT device after the arrest. The prosecutor can present the results collected from the EBT device in court, given it was serviced before it was used. For this reason, you need to obtain the legal services of a DUI lawyer to negotiate the terms and conditions of your DWI case with the prosecutor.
Know Whether You Can Refuse to Take an Evidential Breath Test
Every state in the country has implied consent laws that require all drivers to take a breathalyzer test when ask by the authorities. Two of the most common used tests are blood and breath. There are some states that allow drivers to select which type of test they want the authorities to offer them. While other states allow the authorities to decide which test they would prefer administering to the person they pulled over.
If you refuse to submit to either of these tests, your driving license will be suspended and lead to a felony. If you are ready to accept these consequences, you can refuse to submit to the breathalyzer test. However, in doing so, it will be difficult for the prosecutor to prove whether or not you were driving while intoxicated, in court.
If you have been convicted of a DUI, please get in touch with us today to speak with a DUI lawyer.