DUI laws are very tough in Virginia, particularly when police draw blood that results in a blood alcohol level of 0.23. Any alcohol level above a .20 that results in a conviction requires a mandatory minimum of 10 days in jail. That was what Virginia DUI attorney Jon Oates’ client was facing, with a history of two prior DUIs.
Not wanting to serve any jail time, Oates challenged the case at trial.
Oates’ client was arrested under the suspicion of DUI, refused a breath test, and was required to take a blood test that resulted in a BAC of 0.23. With all the witnesses present to prove the case for the Commonwealth, Oates challenged the blood test, arguing that the police had failed to follow proper procedures and the prosecutor could not use the result in court.
During his cross-examination of the officer, Oates uncovered problems with the officer that the prosecutor was unaware of. Not only was the officer not certified to administer the refused breathalyzer test, but without the correct witness to testify that the client refused the test, Oates argued that the blood test could not be used at all.
The judge agreed with Oates’ arguments, ruling that the blood test results were inadmissible and dismissed the case. Oates’ client was spared a sentence of at least ten days in jail, and probably more if the judge had learned that the client had a prior DUI charge.