Can I choose between a breath test or blood test in Virginia 

+steveo288 In Virginia, (and I believe most states as well), the legislature have told the judges how much weight to give both tests in the actual DUI statutes. For instance in Virginia if you are .08 or above then the judge will presume that you were over the legal limit at the time of driving and therefore guilty unless the defense attorney can present evidence sufficient to rebut that presumption. So basically, there is very little discretion left for the judge unless the defense can provide evidence countering the blood or breath test. Additionally the law states that in Va. a person shall be given a breath test NOT blood, unless there is suspicion of drug use, the defendant is unable to take a breath test (for example unconscious) or if the breath test is not available. In practice, the prosecution and law enforcement prefer the breath test because it is months faster and easier to get admitted into evidence and the blood test seems to get kicked out more on technicalities. For all those reasons there seems to be no discernible difference in the weight given the two tests, and the breath test continues to be the preferred test.

NicholsGreen Appreciate the reply...thanks!