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breathalizer test, Trooper Newlin advised him that a blood test was not available in Rappahannock. All three were then taken to the court house where breathalizer tests were given.
The breathalizer test involves having a person breathe into a machine that then uses a chemical process to measure his or her blood alcohol level. Two vials of blood are taken from the arrested person during a blood test. One vial is sent to the state laboratory and the other is sent to a laboratory chosen by the defendant. The two samples are analyzed to determine the percentage of alcohol in the blood. Both the blood and breathalizer tests are deemed to be equally accurate by the Virginia General Assembly.
If a person’s blood alcohol test indicates a level of 0-.05, he or she is deemed to be sober under the law. From .06-. 10 there is no presumption made about the person’s sobriety; .10 and above means that the person is presumed to be legally intoxicated; and a result of .15 or higher is irrefutable evidence that the person is intoxicated. Keller’s breathalizer test result indicated a blood alcohol level of. 11.
Keller’s attorney, Jonathan C. Thacher of Fairfax, argued that the breathalizer test should not have been admissible evidence because a blood test was available if Keller had been taken to the nearest hospital.
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