The Virginia DUI Defense Question And Answer Series: Do I Have A Choice Between Breath Or Blood Test?

On Behalf of | Nov 6, 2024 | Firm News |

In Virginia, you do not have the option to choose between the breath or blood test when you have been arrested for DUI / DWI. The choice is left to the officer based on the availability of the breath test, potential drug impairment, and/ or a physical inability to provide a breath sample. If you have an issue such as GERD, acid reflux, shortness of breath, or other respiratory issues, you should make the officer aware if you plan on providing any breath or blood sample.

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