Northern Virginia DWI Defense Lawyer
Many people believe there is no defense to a drunk driving charge if your blood alcohol content (BAC) is over the Virginia legal threshold of .08 percent. Depending on the circumstances, there are many sound defenses to DUI charges. By carefully reviewing the facts of the case, the basis for the stop, the arrest, the field testing, and the blood alcohol test – our lawyers can help you avoid conviction. The lawyers at MacDowell & Associates have helped thousands of clients avoid conviction or helped lessen the legal and practical consequences of a DUI arrest.
Fairfax Defense Attorneys Providing Aggressive Defense of DUI, DWI and Drunk Driving Charges
Any arrest is a cause for anxiety and concern. However, there is a great deal an experienced attorney can do to help someone facing a first-time DUI offense.
We are the criminal defense lawyers of MacDowell & Associates in Fairfax, Virginia. Since our firm was founded in 1986, we have successfully represented thousands of clients charged with drunk driving offenses.
The Commonwealth’s Intoxilyzer 5000 machine has reliability problems
A blood test is thought by many to be a more accurate way to measure a person’s BAC (blood alcohol concentration), as opposed to breath test equipment. However, Virginia law states that a drunk driving suspect should be given a breath test if the machine is available, unless the suspect is physically unable to take a breath test or there is cause that the suspect is under the influence of drugs. The breath test equipment currently used in Virginia is known as the Intoxilyzer 5000.
The Intoxilyzer 5000 machine is subject to various attacks, some of which are as follows:
- The machine assumes that the average temperature of the subject’s mouth is 34°C. But, if your mouth temperature was higher than average, your BAC result could be erroneously high.
- The machine is programmed to assume that the ratio between the concentration of alcohol in a subject’s blood and in the subject’s lungs at equilibrium is an average (2100:1). But, if you have a lower “partition ratio” than average, your BAC result could be erroneously high.
- Your pattern of breathing, just prior to providing the breath samples, could affect the BAC result.
- If testing occurs during the absorptive phase (recently after drinking) before the alcohol is uniformly distributed in your blood, your BAC result could be erroneously high.
- There is an inherent error in the machine, generally of plus or minus .01%.
- There may have been an interferant in the machine such as acetone (found in diabetics with low blood sugar) or toluene (found in paint, glue, thinners, cleaning solvents. etc.). The machine has filter wheels that supposedly detect certain interferants, but there’s no separate test to check if the filter wheels are working properly.
- The machine measures blood alcohol concentration by taking a breath sample (which may have some alcohol in it) from deep in your lungs (that’s why the test operator repeatedly says “blow, blow, blow!”). If you had mouth alcohol (from burping, gastro esophageal reflux disorder, a piece of food in your mouth) that was blown into the machine, the BAC result could be incorrect. In fact, if the operator observes the subject burp, belch, or hiccup during the 20 minute waiting period before the breath sample is given, the operator is not allowed to proceed (under the state’s own regulations) and must wait another 20 minute observation period.
- There may have been a machine malfunction, maintenance or repair problems.
Asking the Right Questions
Did the officer have probable cause to stop your car? Was the Breathalyzer or Intoxilyzer unit properly calibrated and in proper working order? Was the officer trained in administering the breath test and any field sobriety tests?
We will review the prosecutor’s evidence and other documentation that may show if corners were cut or mistakes were made. This approach can raise doubts about the reliability of the state's evidence.
Maximum penalties for conviction on a first offense DUI include:
- $2,500 in fines
- 12 months in jail
- 12 months license suspension
- Enhanced penalties for blood alcohol levels above .15
Using our extensive experience in DUI defense, we will work to get the charges against you dropped or reduced. To learn how we can be of assistance in your case, please contact our office in Fairfax by e-mail or call 703-763-0923. The initial consultation is free of charge.
