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Is the breathalyzer test I took in jail after refusing at the scene going to be used against me in court?

Fredericksburg, VA |

I refused to take a breathalyzer at the scene where I was pulled over. The next day I submitted to one while in jail. Were the results of that test recorded and able to be used as evidence against me at my court date?

Attorney Answers 1


Typically the results of a breathalyzer administered at the jail are inadmissible at trial. In many cases you can't get out of jail until the jail is convinced you are not under the influence, so submitting to the test is not truly voluntary. Furthermore the testing procedures in many jails do not meet legal standards for reliability, so the tests are not offered into evidence in jail. The prosecutor in your case may be aware of the results and the results may have an impact on how he/she chooses to proceed in your case, e.g. whether to proceed to trial or attempt to negotiate the case with you, but the judge will probably never hear what the test results at the jail were.

There are many things you should discuss in private with a good defense attorney before you determine whether to take the case to trial or negotiate. You should consult with several of us and hire the best attorney you can afford.

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