Virginia DUI device switch- Fairfax criminal lawyer addresses what that means to you as a defendant

Virginia DUI device conversion is on the horizon. As a Fairfax criminal lawyer, I know this change is coming after the Intox EC/IR II breathzlyzer device was used for years, which replaced the Intoxilyzer 5000 that was used for many years. With each breathalyzer machine change, I need to obtain, review and understand the relevant Virginia protocols and training manuals for the particular breathalyzer device used with my client, and need to have at the ready privately retained expert witnesses to testify about the particular device used with my client, to our best advantage at trial. This is but one way in which my membership in the premier National College of DUI Defense serves me well. In all likelihood, the new breathalyzer device chosen in Virginia will be one that one or more NCDD members have dealt with already, and will share their ideas and knowledge about.

How do I as a Fairfax criminal lawyer know that a Virginia DUI device switch is on the horizon?

News as vital to me as a Fairfax crimina lawyer as a Virginia DUI device switch, travels like wildfire among defense lawyers in the commonwealth. When I could not find any update beyond that a change is coming, On December 11, 2024, I emailed Jennie Duffy, who for the last several years has been the Section Supervisor of the Breath Alcohol Section of the Virginia Department of Forensic Science (DFS): “When wil the DFS start replacing the Intox EC/IR II machines with other BAC detecting equipment? What is the name of the model that will replace the Intox EC/IR II? What is the name of the machine’s manufacturer?” Ms. Duffy responded the same day: “Good morning Mr. Katz.  Unfortunately, I do not have an answer on this.  We are still in the bid evaluation process but once we award a contract,  I should know more about the timeframe and can update you further.”

Encouraging Virginians to tell the DFS to choose a breathalyzer machine with transparency

Transparency is needed with this Virginia DUI device switch. As a Fairfax criminal lawyer, on January 2, 2025, I emailed the DFS’s Jennie Duffy: “Please make sure that the replacement of the Intox EC/IR II is by a manufacturer that does not prevent criminal defense lawyers and private expert witnesses who testify for criminal defendants, from obtaining and being trained on the new device. Please make sure that the replacement device is from a manufacturer that will not claim proprietary rights about the programming, coding and all other aspects of the device, when criminal defense lawyers seek such information. Please make sure that the DFS will let experts who testify for criminal defendants be introduced and trained by the DFS on the new device. Please afford criminal defense lawyers with at least as much information and training on and about the new device as is made available to prosecutors.” I encourage those with similar views to contact DFS’s Jennie Duffy here.

How important is it for my Virginia DWI lawyer to understand the science of breath and blood testing, and to be effective for attacking field testing and BAC testing?

This is your life, liberty and often livelihood at stake wtih your Virginia DWI prosecution. You owe it to yourself to obtain an attorney who knows the relevant law, and understands the science behind the Virginia DUI device used for blood alchol concentration (BAC) testing of you and is effective for attacking the field testing and BAC testing of you. Fairfax criminal lawyer Jonathan Katz has successfully defended hundreds of Virginia DWI defendants. He is among the small percentage of DWI defenders in the commonwealth who is a member of the essential National College of DUI Defense or its equivalent, and is trained by one of the nation’s top police field sobriety testing (FST / SFST) trainers in administering FSTs to people who have consumed alcohol.

Fairfax criminal lawyer Jonathan Katz runs on nuclear fission-type energy, tirelessly and zestfully pursuing your best defense against Virginia DWI, felony and misdemeanor prosecutions. You are just one phone call away from a great defense, by calling Jon’s staff at 703-383-1100, Info@BeatTheProsecution.com, and (text) 571-406-7268 for your free in-person confidential consultation about your court-pending case.