DUI / DWI Case Study
Whether the breathalyzer test results were properly admitted where the defendant challenged the calibration and maintenance of the device.
The court affirmed the admission of the breathalyzer results, finding that the Commonwealth had established the proper foundation for admissibility — including evidence of the device's calibration and the officer's training. The court held that minor deviations from the maintenance schedule did not render the results inadmissible.
Breathalyzer evidence is not infallible. This case shows that courts will scrutinize the foundation for breathalyzer admissibility — including calibration records, maintenance logs, and officer training. D.J. Rivera obtains and reviews all breathalyzer maintenance records in DUI cases, looking for deviations that could undermine the reliability of the results.
This case involves § 18.2-266 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
D.J. Rivera applies the lessons of cases like this one to defend clients throughout Richmond and Northern Virginia. Free consultation available 24/7.
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