In Virginia, there are two breath tests. The defense we use depends on what type of breath test you took.
The preliminary breath test is sometimes called the alcosensor, or breathalyzer. It is usually a small, handheld breath alcohol tester that is used after field sobriety tests and right before arrest. (You may have also blown into a breathalyzer to get out of jail.) This test can generally not be used in court against you.
The evidentiary breath test is the one that you take at the jail or police station. The machine we use in Virginia is the Intoximeter EC/IR II. If you took this breath test you should have received a green “Certificate of Blood Alcohol Analysis” with your breath alcohol results on it. This is what the prosecutor will attempt to use to convict you of drunk driving.
Michael Tillotson put on a DUI seminar to train DUI/DWI attorneys. Here’s a list of the topics:
- Introduction to the Intoxilyzer EC / IR II Machine
- Medical Conditions, DUI and Breath Testing
- Top Ten Defenses Against EC / IR Breath Testing
- How to Read Downloadable Data from the EC / IR II
- Issues of Reliability and Accuracy Using the EC / IR II
- Source Code and Radio Frequency Issues on the EC / IR II
Virginia uses the EC/IR II in all breath alcohol DUI/DWI cases.
One question to ask if your are looking for a DUI lawyer is what does EC/IR mean. Call Tillotson & Martin and we will be happy to let you know. Another question to ask a prospective DUI attorney is what training they have had in breath alcohol machine.
Note: We believe that Tillotson & Martin is the only law firm in Virginia that trains other attorneys how to beat the breath test machine Virginia uses.