breathalyzer test

On July 15, 2001, Virginia Beach Police Officer observed Lee Walker’s vehicle weaving. When Officer approached Walker, he noticed that Walker “had a very, very strong odor of alcohol about his person. As Walker stepped from the automobile, and indicated that he consumed three beers approximately two hours prior to the stop. Walker failed three field sobriety tests. As a result of Walker’s failing the field sobriety tests, Officer placed him under arrest for driving under the influence of alcohol. Once Walker was in custody, Officer attempted to administer a breathalyzer test. Walker twice blew ineffectively into the machine, and the machine registered “invalid sample,” Officer Johnson did not attempt to administer the test again.

breathalyzer test