Roseborough v. Commonwealth

In this case, the Virginia Court of Appeals upheld the defendant's conviction for DUI. Additionally, the defendant was involved in an accident on a private road in an apartment complex. Furthermore, the defendant offered to submit to a breathalyzer before the officer could read the implied consent law. Finally, the officer did not see the defendant operate his vehicle, but nevertheless, the officer arrested the defendant.

Approved breath test devices in Virginia

In Virginia, two breath testing machines are authorized to be used in determining if someone has operated their vehicle under the influence of alcohol. The older machine, Intoxilyzer 5000, uses infrared technology to analyze alcohol content. The newer machine, Intox EC/IR II, uses both infrared and electrochemical technology to analyze alcohol content.

With the Intox EC/IR II, an infrared beam passes over the collected sample. Thereafter, a portion of the breath is introduced to the fuel cell where the result is calculated. The infrared sensor is also used to determine if there is any residual alcohol in the mouth.

Virginia also authorizes numerous devices to be used in preliminary breath tests. The preliminary test results are generally not admissible at trial.

A DUI can affect military men and women differently than civilians.

If you are charged with a DUI in Norfolk, Virginia Beach or other city in Hampton Roads and you are in the military, you can face different consequences than if you are a civilian. Even if you are not convicted, a military person can be disciplined by the military. Additionally, a military person could face a cut in pay, reduction in pay grade or even separation.

At the Norfolk, VA law firm of Montagna & Montagna, P.C., we can help you with the process of dealing with a DUI. We understand that your family relies heavily on you and we want to make sure that you and your family know what you are facing and what can happen to you.

Please feel free to call us at 757-625-3500 to schedule a free consultation. We will help you through this difficult time.