[VIDEO] Traffic Myth: The Handheld Breath Test Does Not Come Into Court

If you think the results of the handheld breath test stay on the side of the road, think again! Contact me today about your DUI/DWI case.

Video Transcription

Traffic myth: the handheld breath test stays on the side of the road. That is false. Hi, I’m Andre Flusche, your Virginia traffic and misdemeanor attorney. I’m here to discuss with you a very common traffic myth that unfortunately sometimes the police actually encourage when they’re doing an investigation for DUI or DWI. The handheld breath test, otherwise known as the PBT, or some people call it the breathalyzer, but it’s a handheld unit. In Virginia, a lot of people think that that stays on the side of the road; that result does not come into court. When I watch DUI videos for clients, sometimes officers even tell people that. “Oh, this is just between you and me. It doesn’t come into court. It’s just to give me a feeling of where you are and give us a number.”

That is false, false, wrong, incorrect. The handheld breath test reading cannot be used in your trial for prosecution of the actual offense. It cannot be used to actually show that you were guilty of DUI or DWI in Virginia. However, it can and will be used to prove whether or not the officer had a reason to arrest you. That’s one of the biggest decisions in a DUI case. That’s a pivotal moment in the case. First of all, did the officer have a good reason to pull you over? Secondly, did they have a good reason to arrest you? If they don’t have a good reason to arrest you, in most cases you would win. The handheld breath test is used for that pivotal decision by the judge if you challenge your case. It’s a myth that this result from this little handheld machine stays on the side of the road. It can and will be used against you in court if you have a trial for your DUI or DWI.

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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