In most Virginia DUI / DWI cases, the breath or blood of the accused is taken and analyzed in an attempt to come up with an estimated breath / blood alcohol concentration. If the accused blows into a breath testing machine, it will immediately print a certificate with a number on it which represents the estimated breath alcohol concentration of the accused at that time. On the other hand, if the case is one in which a blood sample was taken instead of a breath sample, the blood sample must be sent to the state laboaratory for analysis. Once the analysis is completed, a certificate reflecting the estimated blood alcohol concentration (BAC) is returned to the Court. When done properly, blood alcohol testing is more reliable than breath alcohol testing, but it can take weeks or even months to get the certificate from the state lab. In fact, it is common for the government / prosecution not to have the blood test result on the first court date - which often results in those cases being continued / delayed to allow additional time to get the BAC estimate from the lab. Eventually the analysis will be completed and the BAC estimate will be filed with the Court. Once that has happened, a copy of it can be obtained by the accused or counsel for the accused.
If you have been accused of a DUI / DWI in Virginia and would like to know more about DUI / DWI law in Virginia, the punishments for DUI / DWI in Virginia or some of our amazing DUI / DWI victories, give us a call at 703-361-6100 and we'll be happy to discuss your situation with you in more detail.