
Can I get my blood result before my DUI trial?
A 43 year old gentleman called Manassas. Virginia DUI Defense Lawyer T. Kevin Wilson looking for help. He had been accused of DUI / DWI and Unreasonable Refusal to Submit to a Breath Test in a smaller jurisdiction a couple of hours away from Manassas, Virginia, and he had hired a local lawyer to represent him. However, he quickly realized his mistake when it became obvious that the local lawyer lacked the education, training and experience to understand the issues presented in the case and know how to handle them.
The client's Preliminary Breath Test (PBT) result was 0.210 (more than two and a half times the legal limit), and the local lawyer, like so many other lawyers, lacked the specialized education, training and expertise necessary to fight this case. The local lawyer couldn't see beyond the 0.210 PBT result. The local lawyer couldn't understand why the PBT resullt could be a false positive. The local lawyer couldn't envision the client being acquitted. The local lawyer's lack of necessary education, training and experience in the field of Virginia DUI / DWI defense had the client looking for a new lawyer - one who would both believe in him and fight for him.
In his first meeting with the client, Mr. Wilson identified issues which could result in a not guilty verdict and the client hired Manassas, Virginia DUI Lawyer T. Kevin Wilson, Esq. to take over the case.
This client had been stopped in Virginia for speeding, allegedly failed roadside sobriety exercises, blew 0.210 on the PBT, was arrested for DUI / DWI and given an evidentiary breath test. In Virginia, at that time, to complete the breath testing process a subject must provide two valid breath samples which are within 0.02 of one another, and the machine is programmed to print a Certificate of Analysis corresponding to the lower of the two samples. This particular client provided the first breath sample, but burped before he could provide the second breath sample. Since the testing sequence was not completed, the machine did not print a Certificate of Analysis and the client was charged with the additional offense of Unreasonable Refusal to Submit to a Breath Test.
Continued in Part 2
The Wilson Law Firm
DUI, Criminal & Traffic Defense ...When Results Matter
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The lawyers of The Wilson Law Firm have traveled Virginia’s several interstates helping clients just like you - appearing in courts all across the Commonwealth of Virgnia - from Virginia Beach and Norfolk in the southeast, to Wise County in the southwest, all the way up I-81 to Frederick County / Winchester in the northwest, and all the way across Warren County, Fauquier County, Prince William County, and Fairfax County on the way to Arlington County and the City of Alexandria in the northeast. The Wilson Law Firm regularly serves Prince William County, the cities of Manassas and Manassas Park, the towns of Haymarket and Quantico, Fauquier County / Warrenton, Stafford County, Spotsylvania County / Fredericksburg, Loudoun County / Leesburg, Fairfax City, Fairfax County, Arlington County, the City of Alexandria, Culpeper County, Warren County / Front Royal, Clark County / Berryville and Shenandoah County.
The Wilson Law Firm
9300 Grant Ave, Suite 301
Manassas, VA 20110-5073
Phone: (703) 361-6100
(540) 347-4944
Fax: (703) 365-7988
Toll Free: (888) DUI-LWYR
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The Wilson Law Firm
9300 Grant Ave, Suite 301
Manassas, VA 20110-5073
| Phone: | (703) 361-6100 (540) 347-4944 |
| Fax: | (703) 365-7988 |
Penalties for a DUI / DWI in Virginia
Fallacies of Breath and Sobriety Tests
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