Driving under the influence (DUI) cases in West Virginia often involve Blood Alcohol Content (BAC) testing. The state allows three accepted methods for determining BAC levels, and law enforcement agencies are required to choose one method for testing. Here’s a breakdown of the testing methods:
Out of the 55 counties in West Virginia, all have selected breath testing as their primary method for determining BAC. It is considered one of the simplest tests to conduct. Breath testing uses a machine called the EC/IR II, developed and manufactured by Intoximeters, Inc. This device is strictly sold to government agencies and not available for private use.
Regarded as the most accurate method, blood testing involves drawing a sample at a hospital. The collected blood is then sent to the West Virginia State Police Crime Lab for analysis, ensuring precise results.
Urine testing, in comparison, is the least accurate of the three methods and is not often employed. It may, however, be used in conjunction with another test to increase reliability.
By holding a driver’s license in West Virginia, you have provided implied consent to undergo chemical testing if a police officer suspects you of driving under the influence. Refusing BAC testing may result in certain repercussions, but it is important to know your rights and legal options under such circumstances.
Even if you fail a chemical test, it doesn’t necessarily mean your case is beyond recovery. This is where the expertise of a skilled lawyer can come in. An experienced attorney can examine all aspects of the BAC test to identify possible errors or mismanagement.
Mistakes in administering or handling BAC tests, particularly in terms of timing or storage, may create grounds to challenge the validity of the evidence against you.
Yes, in West Virginia, you have the right to refuse BAC testing, whether chemical or breath-related. However, refusing the test doesn’t exempt you from consequences. A refusal could lead to a longer suspension of your driver’s license unless you can present a valid excuse.
Should you decide to refuse, it’s essential to do so politely. Avoid arguing with the officer and clearly state your refusal without escalating the situation. Keep in mind that refusing a test doesn’t eliminate the need for a legal defense, as other evidence may still be used against you.
If you or a loved one is arrested on DUI charges, your first step should be contacting an experienced Kingwood Criminal attorney. Acting quickly can make a significant difference in your defense. Here’s what an attorney can help with:
Your attorney will examine the circumstances of your arrest to ensure that proper legal protocols were followed.
They will assess how your BAC test was conducted and identify flaws or errors that could aid in your defense.
Through strategic analysis and expertise, your Kingwood DUI lawyer will help create a strong case aimed at reducing charges or even achieving dismissal.
If you’re facing DUI charges, don’t go through the process alone. Reach out to the Mountaineer Criminal Law Group for a consultation. Their team of skilled lawyers has a proven track record of helping clients successfully resolve DUI cases.
Contact us at (304) 381-3656 to schedule your consultation and receive dedicated guidance through the complexities of DUI legal proceedings. Trust our experienced Kingwood DUI attorneys to work diligently towards safeguarding your future.