[VIDEO] How Does Remote Breath Work?

The whole idea of remote breath is that you have basically continuous alcohol monitoring every 3 hours all throughout the 24 hour cycle you have to provide a breath sample. There are some things that I think are really problematic with it and very burdensome. If you are facing any kind of alcohol related charge for DUI or anything like that, contact my office we can begin discussing your situation together.

Video Transcription

Hello, my name is Andrew Flusche, I’m your Virginia DUI Attorney. Today we’re going to talk to you about remote breath. What is it and how does it work and things like that. If you haven’t heard of it, remote breath is basically a breathalyzer that you carry around with you typically by court order. This is not a remote breath device, this is just a handheld preliminary breath test but it is essentially the same as one remote breath is. Remote breath is just a little more sophisticated. It takes a picture of you as you provide the air sample and it also has cellular modem built in, the remote breath device can upload your breath test results to the provider who has issued it.

The whole idea of remote breath is that you have basically continuous alcohol monitoring every 3 hours all throughout the 24 hour cycle you have to provide a breath sample. Now the time goes random. You can’t plan when you are going to have to provide the breath sample and every 3 hour window you get a text message telling you that you need to provide a sample within a certain amount of time and in the Fredericksburg area you have a 30 minute window. You’ll get a text message saying provide a sample within 30 minutes. You have to get to your device which is portable so you can carry around with you. You have to get to your device, you have to provide the sample and you are done.

It seems like it’s not a big deal but there is a couple of things that I think are really problematic with it and very burdensome. One is that it is all around the clock 24 hours. Unless the court orders otherwise, you’re going to have to provide samples in the middle of the night which means that you have to be able to wake up to a text message. That alone is problematic for some people being able to wake up when you get a text message without having to wake up the whole house. But then also just not being able to get an interrupted night sleep really for however long you are on remote breath which some people can be on it for months at a time. It’s not just a few days.

The other thing is the problem of not receiving text messages sometimes happen and normally for remote breath in order to be a violation, you have to miss two breath samples in a row which seems fair but at the same time there are plenty of circumstances where text messages don’t come through, they don’t come through timely at least and then also sometimes where you can’t even have your phone on. Such as if you have to travel by air or for work you might be flying fairly often and you can’t have your phone on.

Depending on how long your flight is and what not if you have a lay over, I mean you could easily miss two samples in a row simply by not being able to have your phone on. Those are some of the issues with remote breath and definitely some concerns if it’s being offered for you that you need to think about and if I’m your attorney we’ll definitely talk about it. If you are facing any kind of alcohol related charge for DUI or anything like that, contact my office we can begin discussing your situation together. Remote breath isn’t used in a lot of cases but it is becoming a little more commonly used in some unique cases. If you think it might be something that might be good for you or helpful for you definitely let me know and we can talk about it.

Andrew Flusche

My name is Andrew Flusche. I am a traffic and misdemeanor defense lawyer in Virginia. I limit my practice to traffic tickets and misdemeanor defense, so I know the ins and outs of these offenses. I literally wrote the book on reckless driving in Virginia which you can get on Amazon here or download for free here. I opened my practice in 2008 after earning my Juris Doctor degree from the University of Virginia School of Law. Since then, I have earned over 600 5-star reviews from happy clients on Google, Yelp, and Facebook. If you’ve been charged with a misdemeanor offense in Virginia, please don’t hesitate to contact me. Your initial consultation is always free, and you'll talk directly with me about the details of your case.

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