Breathalyzer result
Was charged with a 3rd offense dui. Was taken to one police station 20 min away from traffic stop site. Waited the 20 min for breath test, failed to work. Waited an additional 10-15 min. Still wasnt working. Went to another police station in which I had to wait the additional 20 min. Had blowed with no result. Blowed again and showed a high content reading. Can this result be used in court with out a second confirmed reading? How long do 5-0's have to conduct an accurate reading to be used in court? Finally, would a lawyer help my case since I did have a cold and was and coughing up mucus?
1 Answer from Attorneys
Re: Breathalyzer result
The only real issue that needs to be addressed here at this juncture would be your need for a lawyer and, yes, since a third DUI conviction in the Commmonwealth within either a ten or five year period would be classified as a Clas 6 felony with mandatory confinement in the local jail for either 90 days or six months(See Va. Code 18.2-270.1 C 1.), not to mention the fines and other sanctions that could be imposed, the answer must necessarily be that you very definitely should have competent defense counsel to represent you in this matter who should also be able to address your other issues.
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