Law Offices of Christie A. Leary P.C.

Fairfax • Manassas

Phone 703-359-7111
Toll Free 800-823-1127
Print Page

Fairfax/Manassas Criminal & Personal Injury Blog

Drivers in Virginia who are stopped on suspicion of driving under the influence are likely aware of the possibility of submitting to a breath test to determine their blood alcohol content level. The amount of alcohol in the blood will often be the difference between being arrested or not. What drivers might not know is that there is certain criterion for the test to be valid so it can be used as evidence in a legal case. This hinges, in part, as to whether the person administering the test is certified to do so and the equipment is working correctly and adherent to state law.

In order for the breath test to be considered valid, the test must be performed by a person who has a valid license allowing that he or she conducts the test. The equipment must also be in accordance with methods that are approved by state. There will be a training program for people who will give the tests. Once the training has been completed, the person will be licensed to analyze breath tests. In this license, the particular equipment that the person is certified in will be identified.

The person who conducts the breath test will provide a certificate that indicates that the test was given based on the proper specifications. It will also have the name of the person who is accused of the act of driving under the influence; that before the test was given the person was told of the right to observe the breath test process and see the reading on the equipment, the date and time the sample was given, the blood alcohol content and the name of the examiner.

If these rules are followed, then the test will be admissible in any court in a criminal or civil case. People who are placed under arrest for DWI after being given a field sobriety test need to know their rights. Considering the penalties that can accompany a conviction on driving under the influence of alcohol including being fined, losing driving privileges and even jail, it is imperative to formulate a strong defense. If evidence, such as a breath test, was not properly collected, a defendant could seek to have this evidence suppressed. This could help them reduce or dismiss the charges against them.

Source:, "18.2-268.9. Assurance of breath-test validity; use of breath-test results as evidence.," accessed on May 23, 2016

No Comments

Leave a comment
Comment Information
Email Us For A Response

email the Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

View our Blog

  • Stress, anxiety, frustration, confusion, fear, pain and injury are all emotions which can play havoc on an individual following a motor vehicle accident. Few individuals have the training...
  • In your vehicle, check to ensure that you keep the following in your glove compartment: (1) Vehicle registration (2) Insurance information (3) Small notepad (4) Pen (5) Disposable Camera...
  • First, assess whether you or anyone else involved in the incident requires medical attention. Call 911 immediately if any one requires medical attention. Your health and safety and the safety of others involved in the accident is paramount.
  • In the aftermath of an accident, you will feel as if you have entered into your own personal 4 ring circus.

Read More

Review Us
Law Offices of Christie A. Leary P.C.

Fairfax Office
10505 Judicial Drive, Suite 203
Fairfax, Virginia 22030

Fairfax Office Map

Manassas Office
9300 W. Courthouse Rd., Ste 204
Manassas, VA 20110
Manassas Office Map

Attorney AT LAW

LOCAL: 703-359-7111
TOLL FREE: 800-823-1127
FAX: 703-543-5478

Visa | Master Card | American Express | Discover