Archives for the ‘Blog Entries.Local’ Category

Camping at Devils Backbone Brewery

Author: From https://odonnellweb.com/pelican/ • Sep 18th, 2021
   Category: Blog Entries.Local

I am no stranger to Devil's Backbone beers and the base camp brewery in Nelson County. I was visiting there when they were just a small local brewer. However, I had never camped at their campground, until this weekend.

The campground is nice, if a bit pricey. There are three camping loops, tent city, standard dry sites, and the full hookups. The full hookups loop is just two rows of campers packed side by side, no shade, etc. We were in the standard dry sites and I think they are the best sites. They are on the tree line with plenty of shade, and closer to the bathhouse. I think the spacing is the same but it didn't feel as tight, probably cause our section was tents, camper vans, and teardrops, with no 40 foot Class A campers, because they won't fit anyway in the dry section.

Devil's backbone Camp

It should go without saying that there is a walking path to the brewpub. In theory that could make your camping weekend kind of expensive should you choose to eat at the pub both nights.

In theory.

We spent Saturday running around the mountains. We started at the Raptor Migration count at Rockfish Gap. While we were there we only saw vultures, however they had counted over 1000 broadwing hawks the prior day and were hoping for the same on Saturday. Who knew every raptor migrating from the NE flew through Rockfish Gap in the fall?

We had a quick picnic lunch at the Dundo picnic area, and by picnic I mean we sat in the truck and ate because the gnats were out of control, completely swarming the minute you stepped out of the vehicle. After that we hiked to the summit of Blackrock Mountain, which is an easy 1 mile hike to a stunning overlook and impressive rock pile, which I learned was actually the bottom of the sea back in the day.

us on Appalachian Trail

After that we started back south, pulling over at a random scenic overlook to set up our lawn chairs and chill for an hour in the pleasant mountain air. In that time we saw dozens of cars pull up, take a photo out the window, and take off.

Experiencing nature - they are all doing it wrong.

After that we headed back to camp where we may or may not have dined at the pub. The evening was spent in the traditional way - beer in hand and staring at a campfire.

DB Camp's checkout time is 1 PM, so you don't have to rush out in the morning. Almost everybody did though. When we left at noon there was one other car in the non-electric sites area.

I'll be back there for Halloween weekend.

More Pictures



Camping at Devils Backbone Brewery

Author: From https://odonnellweb.com/pelican/ • Sep 18th, 2021
   Category: Blog Entries.Local

I am no stranger to Devil's Backbone beers and the base camp brewery in Nelson County. I was visiting there when they were just a small local brewer. However, I had never camped at their campground, until this weekend.

The campground is nice, if a bit pricey. There are three camping loops, tent city, standard dry sites, and the full hookups. The full hookups loop is just two rows of campers packed side by side, no shade, etc. We were in the standard dry sites and I think they are the best sites. They are on the tree line with plenty of shade, and closer to the bathhouse. I think the spacing is the same but it didn't feel as tight, probably cause our section was tents, camper vans, and teardrops, with no 40 foot Class A campers, because they won't fit anyway in the dry section.

Devil's backbone Camp

It should go without saying that there is a walking path to the brewpub. In theory that could make your camping weekend kind of expensive should you choose to eat at the pub both nights.

In theory.

We spent Saturday running around the mountains. We started at the Raptor Migration count at Rockfish Gap. While we were there we only saw vultures, however they had counted over 1000 broadwing hawks the prior day and were hoping for the same on Saturday. Who knew every raptor migrating from the NE flew through Rockfish Gap in the fall?

We had a quick picnic lunch at the Dundo picnic area, and by picnic I mean we sat in the truck and ate because the gnats were out of control, completely swarming the minute you stepped out of the vehicle. After that we hiked to the summit of Blackrock Mountain, which is an easy 1 mile hike to a stunning overlook and impressive rock pile, which I learned was actually the bottom of the sea back in the day.

us on Appalachian Trail

After that we started back south, pulling over at a random scenic overlook to set up our lawn chairs and chill for an hour in the pleasant mountain air. In that time we saw dozens of cars pull up, take a photo out the window, and take off.

Experiencing nature - they are all doing it wrong.

After that we headed back to camp where we may or may not have dined at the pub. The evening was spent in the traditional way - beer in hand and staring at a campfire.

DB Camp's checkout time is 1 PM, so you don't have to rush out in the morning. Almost everybody did though. When we left at noon there was one other car in the non-electric sites area.

I'll be back there for Halloween weekend.

More Pictures



What You Need to Know About Speeding in Virginia as an Out-of-State Resident

Author: From https://www.andrewflusche.com • Sep 16th, 2021
   Category: Blog Entries.Local

virginia speeding ticketIf you ever drive in Virginia, you need to know something about Virginia traffic laws, especially Virginia speeding tickets. Did you know that you can go to jail over a Virginia speeding ticket?

Even if your speeding offense is not serious enough to warrant jail time, you could still place your ability to drive in Virginia in jeopardy by speeding, and your home state might even revoke your license.

Lastly, an out-of-state speeding ticket is not good for the pocketbook.

Speeding Penalties in Virginia

Virginia speeding ticket fines are among the nation’s most expensive, and among the most variable.  First, Virginia assesses a minimum $62 for every traffic ticket as court costs. After that, you pay:

  • $6 for every mph over the speed limit;
  • $7 for every mph over the speed limit if you were driving in a work or construction zone; or
  • $8 for every mph over the speed limit in a residential area, plus another $200.

Adding up taxes, court fees, and other fees, the total cost for a speeding ticket average around $200. It can get even more expensive.

The faster you were driving, the higher the fine; and some courts impose more court costs for things like courthouse construction costs.

Virginia Speeding Laws: The DMV Point System

Do you hold a Virginia drivers’ license? Even if you are from a different state and hold that state’s license, you might regularly drive in Virginia.

For instance, if you live in DC or Maryland, you might work in Virginia. And if you regularly drive in Virginia and get ticketed for speeding there, the Virginia DMV points could impact you even if you don’t have a Virginia driver’s license. 

Virginia operates on a system of merits and demerits. Any traffic violation will cost you demerit points.

A speeding ticket, for example, will cost you three to six demerit points. Voluntarily attending safe driving school can earn you merit points, up to a maximum of five.

If you accumulate 18 demerits in 12 months or 24 demerits in 24 months, Virginia will suspend your driver’s license for 90 days.

The Driver License Compact

The Driver License Compact is an information-sharing organization of US states, under which states share information about the driving records of each other’s drivers.

This is done so that an out-of-state driver cannot avoid the consequences of a bad driving record by simply returning home.

Virginia has an agreement with every Driver License Compact state to report driving-related violations of the law to the driver’s home state. 

Every US state is a member of the Driver License Compact except Georgia, Michigan, Tennessee, and Wisconsin. 

Even if you hold a driver’s license from one of these states, however, there is no guarantee that they will not learn of your speeding ticket in Virginia.

If your home state discovers your Virginia ticket, it will penalize you based on its own laws, not Virginia’s. Virginia can, however, ban you from driving in Virginia.

Criminal Speeding in Virginia

In Virginia, speeding is a criminal offense known as Reckless Driving by Speed if:

  • You drive more than 20 miles per hour over the speed limit; or
  • You drive more than 80 mph (even if you were driving less than 20 miles over the speed limit).

Fine

A reckless driving conviction almost always has a fine imposed. The judge can impose any fine up to $2,500. Depending upon the circumstances of the case and your history, your fine will hopefully be much less than the maximum.

Jail Time

Some courts have a formulaic method to impose jail time for reckless driving by speed. For example, some courts impose a day of jail for every mph over 90 mph.

Some courts start counting at 100 mph. Most judges do not stick strictly to a schedule of jail time, but for high-speed cases, jail can definitely be an issue to fight.

Failure to Appear

You cannot avoid this distressing state of affairs by prepaying your ticket, returning home, and avoiding Virginia in the future. In fact, you cannot prepay a Reckless Driving by Speed ticket.

In many courts, the judge will require you to appear personally in court, and they will issue a warrant for your arrest if you fail to appear. In other courts, the judge will allow your lawyer to appear on your behalf. 

Although judges will not always sentence a defendant to jail for Reckless Driving by Speed, failure to show up for any jail sentence will result in a warrant for your arrest.

What Happens If You Don’t Pay a Speeding Ticket From Out of State?

In Virginia, you must pay your traffic ticket fines within 90 days of the conviction date. You can always contest it in court.

If you lose, however, you must still pay the fine. If you miss the deadline you could accumulate interest charges and collection actions may begin. Indeed, the judge might even issue a warrant for your arrest.

Aggressive Representation

My name is Andrew Flusche, and I know exactly how to fight an out-of-state speeding ticket. Any lawyer can boast of his legal prowess, but not every lawyer has so many former clients who spread the good word for him.

If Virginia has ticketed you, especially if it is Reckless Driving by Speed, contact me immediately to schedule a free consultation. 

Call me at 540-318-5824, email me at andrew@andrewflusche.com, or contact me online for a free consultation. My main office is in Fredericksburg, Virginia, and I handle local courts all around the area.

 

The post What You Need to Know About Speeding in Virginia as an Out-of-State Resident appeared first on Andrew Flusche.



Can I Get Pulled Over Driving High in Virginia?

Author: From https://www.andrewflusche.com • Sep 16th, 2021
   Category: Blog Entries.Local

driving while highIn Virginia, driving while high can get you into just as much trouble as driving drunk can.

It can be more difficult, however, for Virginia to convict you for driving while high on certain drugs such as marijuana.

Keep in mind that Virginia can convict you even if the substance that you are high on is perfectly legal. You cannot drive while high on prescription pain meds, for example, even with a valid prescription. 

DUID in Virginia

In Virginia, DUID (Driving Under the Influence of Drugs) is the counterpart to DUI. Virginia will charge you with DUI for driving while drunk, and it will charge you with DUID for driving while high. The penalties are comparable (see below for specifics).

The standard for Intoxication: Marijuana and Other Drugs

A driver violates Virginia’s DUID law if they are intoxicated on any drug that causes impairment, whether legal or illegal. There is a formal legal limit, similar to the 0.08% BAC for alcohol, for certain drugs, including:

  • 0.02 milligrams of cocaine per liter of blood;
  • 0.1 milligrams of methamphetamine per liter;
  • 0.01 milligrams of phencyclidine (PCP) per liter; and
  • 0.1 milligrams of MDMA per liter.

Virginia is not likely to charge you with possession of any of these substances based merely on their presence in your bloodstream.

Special Case: Marijuana

Unlike some states, Virginia has not set a formal legal limit that defines marijuana intoxication based on the level of THC, the active ingredient in marijuana.

Instead, the determination of marijuana intoxication is subjective, and no particular amount other than zero guarantees either guilt or innocence.

How Do You Prove DUID Intoxication?

In a DUID prosecution, the prosecutor will rely on chemical evidence if it is available. This applies to marijuana even though Virginia applies no formal legal standard of intoxication. The prosecutor will also rely on evidence that you were driving badly, including: 

  • Observations of the officer; 
  • Your own admissions (if any); and
  • Your performance on field sobriety tests that the officer administered after pulling you over. 

The lack of any objective chemical standard for marijuana intoxication and intoxication on certain other types of substances renders observational and testimonial evidence even more important.

Potential Defenses

The following is only a tiny sampling of potential DUID defenses. The first two listed defenses are often winners, while the third defense is typically a bad idea. 

The Fourth Amendment

Virginia police do not have a “radar gun” that can measure your degree of intoxication while you are still driving. To charge you, the police must first pull you over.  To pull you over, however, the police need “reasonable suspicion” that you violated the law in some way.

Therefore, if the police pull you over without reasonable suspicion that you committed a crime, the stop may be illegal and you might have a defense.

You could argue that any evidence that they gathered after the illegal stop, including a chemical test of the contents of your bloodstream, violated the Fourth Amendment to the US Constitution (banning illegal search and seizure).

If this argument wins, the judge should exclude the evidence. And without critical evidence, you would walk free.

Unreliable Chemical Testing

The lack of any objective standard for marijuana intoxication could get you unjustly convicted of DUID. The police might find marijuana in your bloodstream, for example, based on marijuana that you ingested the day before.

They could then use it as evidence that you were intoxicated at the time they pulled you over, even if the effects had long worn off.  

Things could work the opposite way, however. Even if you were intoxicated at the time, a good lawyer might successfully argue that the subjective standard of marijuana intoxication based on chemical testing is inherently unreliable.

Therefore, without a reliable blood test, the police lacked sufficient evidence of intoxication and you should be acquitted. 

Lack of Evidence Due to Your Refusal to Submit to a Chemical Test

One strategy that drivers sometimes use is to refuse to submit to a chemical test and then move for a dismissal of DUID charges. However, this strategy will probably backfire because:

  • Virginia can suspend your driver’s license for one year for refusing a chemical test, even if you are innocent of DUID. A second offense of refusal results in three years suspension plus possible jail time. 
  • The prosecutor can use your refusal as evidence to win a DUID conviction even without a chemical test.

For these reasons, refusing a test can result in bad consequences as far as your ability to drive is concerned.

DUID Penalties

Virginia driving while high laws are no laughing matter. The penalty for driving while high, as for any other Class 1 misdemeanor, is 12 months in jail, up to a $2,500 fine, and certain other mandatory penalties.

These mandatory penalties include a loss of driving privileges for up to a year and participation in the Virginia Alcohol Safety Action Program (VASAP).

Penalties increase substantially for a second offense within five years, and DUID is a felony for a third offense within 10 years. Furthermore, DUID is a criminal offense that could follow you around for the rest of your life.

Imagine the effect of a DUID, for example, if you are seeking a job that would involve driving, obtaining a commercial driver’s license, obtaining security clearance, or obtaining a pilot’s license.

I’m Ready for Action

My name is Andrew Flusche, and I am ready to spring into action the moment you retain me as your DUID attorney. I handle all cases personally, and I enjoy good working relationships with local prosecutors and judges. Check out my client reviews here.

Call me at 540-318-5824, email me at andrew@andrewflusche.com, or contact me online for a free consultation, so we can discuss your options. My office is located in Fredericksburg, Virginia.

 

The post Can I Get Pulled Over Driving High in Virginia? appeared first on Andrew Flusche.



Labor Day Weekend at First Landing

Author: From https://odonnellweb.com/pelican/ • Sep 7th, 2021
   Category: Blog Entries.Local

Almost exactly one year to the day since we camped at First Landing State park in Virginia Beach, we did it again.

The timing wasn't the only thing that was similar. This year also featured the remnants of a hurricane headed towards the Mid-Atlantic area. However this year the storm stayed north and the impact on the beach was 3 days of perfect beach weather. It was about 80 and sunny with low humidity every day.

We drove down Thursday evening so I could work from the camper on Friday and we could avoid the Friday of a holiday weekend traffic. It turned out our campsite was a a T-Mobile dead spot so I spent about 6 hours at American Brew instead, a coffee shop with a full bar. I stuck to coffee and smoothies. My wife helped by texting me beach photos while I was in a Zoom meeting. Thanks honey.

I shut down around 3 PM and got a couple of hours of quality beach time in on Friday afternoon. I do think I want to try working away from the house more next year, allowing us to extend our camping trips a bit. So this off-season I need to get up to speed on remote Internet access options for campers. I know there are a lot of options, just need to figure out what will work best for me.

First Landing State Park

Friday night we walked down the beach about a 1/4 mile to meet up with friends at their neighborhood informal beach potluck. Hanging out with good people drinking beer and eating, with your toes in the sand and a nice ocean breeze blowing, is exactly as awesome as you think it is. Walking back was fun as there was no moon so it was really dark. I'm not sure how I would have found the access point back to the campground if there wasn't a wheelchair mat extending out into the sand. At night in the dark all the sand dunes look the same.

First Landing State Park

First Landing State Park

Saturday was a 10/10 beach day. We set up the sun shade, hung out till 1 PM, went back to the camper for lunch, returned to the beach and hung out some more until it was time to meet up with friends for dinner. After dinner we returned to the campsite for some quality campfire time.

First Landing State Park

First Landing State Park

Sunday was all about the beach. We set up around 10:30 AM and didn't leave the beach until about 4 PM. We actually did camping food on Sunday too, grilling burgers at the camper. And then spent some more quality time staring at a campfire.

Monday, sadly, was go home day.



Labor Day Weekend at First Landing

Author: From https://odonnellweb.com/pelican/ • Sep 7th, 2021
   Category: Blog Entries.Local

Almost exactly one year to the day since we camped at First Landing State park in Virginia Beach, we did it again.

The timing wasn't the only thing that was similar. This year also featured the remnants of a hurricane headed towards the Mid-Atlantic area. However this year the storm stayed north and the impact on the beach was 3 days of perfect beach weather. It was about 80 and sunny with low humidity every day.

We drove down Thursday evening so I could work from the camper on Friday and we could avoid the Friday of a holiday weekend traffic. It turned out our campsite was a a T-Mobile dead spot so I spent about 6 hours at American Brew instead, a coffee shop with a full bar. I stuck to coffee and smoothies. My wife helped by texting me beach photos while I was in a Zoom meeting. Thanks honey.

I shut down around 3 PM and got a couple of hours of quality beach time in on Friday afternoon. I do think I want to try working away from the house more next year, allowing us to extend our camping trips a bit. So this off-season I need to get up to speed on remote Internet access options for campers. I know there are a lot of options, just need to figure out what will work best for me.

First Landing State Park

Friday night we walked down the beach about a 1/4 mile to meet up with friends at their neighborhood informal beach potluck. Hanging out with good people drinking beer and eating, with your toes in the sand and a nice ocean breeze blowing, is exactly as awesome as you think it is. Walking back was fun as there was no moon so it was really dark. I'm not sure how I would have found the access point back to the campground if there wasn't a wheelchair mat extending out into the sand. At night in the dark all the sand dunes look the same.

First Landing State Park

First Landing State Park

Saturday was a 10/10 beach day. We set up the sun shade, hung out till 1 PM, went back to the camper for lunch, returned to the beach and hung out some more until it was time to meet up with friends for dinner. After dinner we returned to the campsite for some quality campfire time.

First Landing State Park

First Landing State Park

Sunday was all about the beach. We set up around 10:30 AM and didn't leave the beach until about 4 PM. We actually did camping food on Sunday too, grilling burgers at the camper. And then spent some more quality time staring at a campfire.

Monday, sadly, was go home day.



Labor Day Weekend at First Landing

Author: From https://odonnellweb.com/pelican/ • Sep 7th, 2021
   Category: Blog Entries.Local

Almost exactly one year to the day since we camped at First Landing State park in Virginia Beach, we did it again.

The timing wasn't the only thing that was similar. This year also featured the remnants of a hurricane headed towards the Mid-Atlantic area. However this year the storm stayed north and the impact on the beach was 3 days of perfect beach weather. It was about 80 and sunny with low humidity every day.

We drove down Thursday evening so I could work from the camper on Friday and we could avoid the Friday of a holiday weekend traffic. It turned out our campsite was a a T-Mobile dead spot so I spent about 6 hours at American Brew instead, a coffee shop with a full bar. I stuck to coffee and smoothies. My wife helped by texting me beach photos while I was in a Zoom meeting. Thanks honey.

I shut down around 3 PM and got a couple of hours of quality beach time in on Friday afternoon. I do think I want to try working away from the house more next year, allowing us to extend our camping trips a bit. So this off-season I need to get up to speed on remote Internet access options for campers. I know there are a lot of options, just need to figure out what will work best for me.

First Landing State Park

Friday night we walked down the beach about a 1/4 mile to meet up with friends at their neighborhood informal beach potluck. Hanging out with good people drinking beer and eating, with your toes in the sand and a nice ocean breeze blowing, is exactly as awesome as you think it is. Walking back was fun as there was no moon so it was really dark. I'm not sure how I would have found the access point back to the campground if there wasn't a wheelchair mat extending out into the sand. At night in the dark all the sand dunes look the same.

First Landing State Park

First Landing State Park

Saturday was a 10/10 beach day. We set up the sun shade, hung out till 1 PM, went back to the camper for lunch, returned to the beach and hung out some more until it was time to meet up with friends for dinner. After dinner we returned to the campsite for some quality campfire time.

First Landing State Park

First Landing State Park

Sunday was all about the beach. We set up around 10:30 AM and didn't leave the beach until about 4 PM. We actually did camping food on Sunday too, grilling burgers at the camper. And then spent some more quality time staring at a campfire.

Monday, sadly, was go home day.



30th Anniversary

Author: From https://odonnellweb.com/pelican/ • Aug 28th, 2021
   Category: Blog Entries.Local

I am far away
On our anniversary
Dinner with Ed instead

Dinner with a friend 2000 miles from home is no way to spend my 30th anniversary.

Our 30th anniversary on 8-19 found me 2000 miles from home on a business trip. I had flowers delivered because I didn't make it to 30 years by being an idiot.

wedding photo

wedding photo

We weren't celebrating until the weekend so it wasn't that big of a deal that I was out of town. However I almost missed that too as I had both a pre-check screw up and a security snafu at the Denver airport that led to me getting to the gate 5 minutes after takeoff.

The plane was still there. I have never been so happy to have the middle seat at the back of a Southwest flight. If I had missed the flight I was probably stuck in Denver until Sunday.

We spent the weekend in Hampton, VA, hanging out at Buckroe Beach by day and enjoying a nice seafood dinner on Saturday night.

It wasn't the epic European vacation that we had been talking about (thanks COVID-19!) but it was just fine. Beach, beer, seafood, and the love of my life. All my favorite things!



30th Anniversary

Author: From https://odonnellweb.com/pelican/ • Aug 28th, 2021
   Category: Blog Entries.Local

I am far away
On our anniversary
Dinner with Ed instead

Dinner with a friend 2000 miles from home is no way to spend my 30th anniversary.

Our 30th anniversary on 8-19 found me 2000 miles from home on a business trip. I had flowers delivered because I didn't make it to 30 years by being an idiot.

wedding photo

wedding photo

We weren't celebrating until the weekend so it wasn't that big of a deal that I was out of town. However I almost missed that too as I had both a pre-check screw up and a security snafu at the Denver airport that led to me getting to the gate 5 minutes after takeoff.

The plane was still there. I have never been so happy to have the middle seat at the back of a Southwest flight. If I had missed the flight I was probably stuck in Denver until Sunday.

We spent the weekend in Hampton, VA, hanging out at Buckroe Beach by day and enjoying a nice seafood dinner on Saturday night.

It wasn't the epic European vacation that we had been talking about (thanks COVID-19!) but it was just fine. Beach, beer, seafood, and the love of my life. All my favorite things!



What Can Cause a False Positive on a Breathalyzer Test?

Author: From https://www.andrewflusche.com • Aug 17th, 2021
   Category: Blog Entries.Local

what can cause a false positive breathalyzer testMany states across the nation have statutes criminalizing the operation of motor vehicles while under the influence of alcohol or other narcotics.

In most cases, DUI laws prevent intoxicated drivers from operating motor vehicles and allow law enforcement to arrest individuals who violate the law.

However, circumstances can arise when police officers improperly arrest or charge someone with DUI. 

Virginia law prohibits drivers from operating a motor vehicle when their blood alcohol content (BAC) is at or above .08%. Failure to comply with this law can result in a charge for Driving Under the Influence (DUI).

Even if your BAC is below .08%, authorities can charge you with DUI if your ability to operate the motor vehicle is impaired due to the presence of alcohol or drugs in your system. You might be wondering, How can law enforcement determine what my BAC is?

The most common method used to determine a driver’s BAC at the scene of the traffic stop involves the use of a breathalyzer test. 

I can answer the questions you have about DUI arrests in Virginia.

Validity of Breathalyzer Tests in Virginia

Virginia law authorizes individuals suspected of DUI to submit to a preliminary breath analysis to determine the “probable alcoholic content” of his or her blood.

However, the law does not allow the introduction of the results of the PBT into evidence. Police officers typically conduct the PBT at the scene of the traffic stop.

Officers then obtain a second breath sample at the police station with a device that is significantly larger and more accurate than the PBT.

The court allows admission into evidence of the results of the second breath test, as long as proper procedures were complied with. Generally, law enforcement performs the breathalyzer at the police station multiple times to ensure its accuracy.

Still, inaccurate readings occur in some cases.

Issues That Can Cause a False Positive on a Breathalyzer

Like any piece of equipment, breath analysis machines must undergo routine maintenance to stay in good condition.

Additionally, the smallest presence of chemicals in the room of the breathalyzer or in the suspect’s mouth can alter the results of the test. Listed below are the most common causes of breathalyzer false positives. 

Lack of Proper Maintenance and Testing

 

The Department of Forensic Science (DFS) requires breathalyzer machines to be calibrated routinely for results to be admissible in court.

Virginia statutes require DFS to test the accuracy of breathalyzer machines at least once every six months. Without proper calibration, the breathalyzer machine can inflate the BAC reading. 

Additionally, officers must conduct a test of the breathalyzer between each sample taken. An attorney can request a record of the tests performed on the breathalyzer machine around the time of your arrest and ensure that the breath machine was used properly to obtain your breath test results.

Law enforcement must place a breathalyzer machine in a room with adequate ventilation. Officers must consider factors including excessively high or low temperature within a room or the presence of contaminants such as dust or moisture when determining the location for the breathalyzer.

Presence of Mouth Residue

The presence of alcohol and other liquids inside a person’s mouth can alter the accuracy of a breathalyzer reading. Alcohol residue can linger in your mouth for a variety of reasons.

Certain metals from dental work or piercings can contain alcoholic residue as well. Breathalyzers are supposed to measure the BAC of your breath only.

However, if someone has alcohol residue inside their mouth, the breathalyzer measures the BAC of both the air and the mouth. This can result in a BAC result that is higher than it should be.

Observation Period Requirements

The Department of Forensic Science requires breathalyzer administrators to observe DUI suspects for a 20-minute period prior to performing the breath test.

The 20-minute observation period allows for the absorption of any residual mouth alcohol prior to the test, thereby lessening the chance of an inaccurate reading.

A failure to observe the observation period requirement can warrant excluding the breath test results from the prosecution’s case. 

Medical Considerations

Certain medical conditions can lead to a false positive breathalyzer result. For example, excessive amounts of acetone in your breath can cause an inaccurate BAC reading.

Individuals with hypoglycemia can experience elevated levels of acetone in their breath, which could result in a higher BAC reading. Gastrointestinal medical conditions can also cause false positive breathalyzer results. 

Inadequate Training or Experience

To be considered valid evidence, Section 18.2-268.9 of the Code of Virginia sets requirements for who can administer the test. An individual must possess a valid license to conduct the breath test with the specific equipment used and in accordance with methods approved by the Department. 

The Department of Forensic Science administers the training required to obtain a valid license. If an unlicensed police officer administers your test, a DUI lawyer can fight to exclude the results from evidence. 

Contact a DUI Lawyer Today

Now you know what can cause a false positive on a breathalyzer test. If you believe your BAC results are inaccurate, do not hesitate to contact my office to discuss your case.

BAC results often make up the strongest evidence against you in a DUI case. If a breathalyzer false positive occurred, a DUI criminal defense attorney can advocate for excluding the results from evidence.

Without the BAC results, we might be able to negotiate with the prosecutor to lessen or even dismiss your DUI charges, depending on the circumstances of your case. Contact my office today for a consultation

 

The post What Can Cause a False Positive on a Breathalyzer Test? appeared first on Andrew Flusche.