Legal Question in DUI Law in Virginia

breathelizer

Attended last class tonight for ASAP to satisfy court for a dui. I was given a breathelizer test. Was shocked to see that it read .009 I had not been drinking! Was given a second test that read .013. Again, shocked because I had not been drinking. Was given a third test which read .001. Was given a fourth test that read .000. These tests were given at 20 minute intervals. I was told that I was expelled from the class and had to repeat the entire course over ( $300.00) Confused, I explained that I had not had any alcohol. These tests indicated such trace amounts of alcohol that I said perhaps it had something to do with what I had eaten today. I had She-Crab soup for a late lunch at 4 pm(I called restaurant from class and they said their soup contains Sherry) I gargled with Listerine at 6pm which I now know contains 21% alcohol. I also used my Albuterol spray ( asthma ) just before entering the building. Could any of these have caused the breath test to show these slight amounts of alcohol? Do these trace amounts validate expulsion from this class?

I DID NOT HAVE ANY ALCOHOLIC BEVERAGE ! I can't believe this has happened to me ! I have not been late or missed any of these classes. I have taken it very seriously


Asked on 10/26/05, 10:26 pm

2 Answers from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: breathelizer

Yes many things have trace elements of alcohol in it that can give readings on tests. You need to educate yourself. There are many good websites that answer DUI questions. read up and challenge the decision. Take it to the judge if you have to.

Good luck

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Answered on 10/27/05, 7:48 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: breathelizer

You should ask to discuss the matter with the supervisor or manager who's in charge of your local ASAP program.

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Answered on 10/26/05, 11:17 pm


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