Clarksburg BAC Testing Attorney

Understanding BAC Testing and DUI Defense

Driving under the influence (DUI) is a serious offense, and knowing your rights and the legal process surrounding BAC (Blood Alcohol Content) testing is crucial. If you’re navigating a DUI charge, this guide will provide insights into BAC testing methods and how a skilled DUI attorney can support your case.

Methods of BAC Testing in West Virginia

West Virginia law permits three primary methods for BAC testing. Each law enforcement department selects one main method for conducting tests. These include:

1. Breath Testing

• All 55 counties in West Virginia predominantly use breath testing.
• It is the easiest and most commonly administered test, utilizing a machine called the EC/IR II.
• The EC/IR II is manufactured by Intoximeters, Inc., and is sold exclusively to government agencies. It is not available for private purchase.

2. Blood Testing

• Blood testing is considered the most accurate method of determining BAC levels.
• It involves drawing blood at a hospital and sending the sample to the West Virginia State Police Crime Lab for analysis.

3. Urine Testing

• Urine testing is infrequently used as it is the least reliable method.
• In some cases, it may be administered alongside another test to cross-check for accuracy.

Implied Consent in West Virginia

Holding a driver’s license in West Virginia means you have provided “implied consent” to chemical testing if you’re stopped by the police under suspicion of DUI. This includes breath, blood, or urine tests to determine your BAC level.

However, even if you fail a BAC test, it does not mean the end of the road for your case. A skilled lawyer can help challenge the validity of the test and other evidence.

How a Clarksburg Criminal Lawyer Can Help

If you undergo a breath test, your lawyer will explore several factors to challenge its accuracy, including whether:

• The EC/IR II breathalyzer was properly calibrated.
• Law enforcement followed the appropriate administration procedures.
• External factors, such as the use of mouthwash, food particles, or medications, contributed to false readings.

For blood tests, a Clarksburg DUI attorney will:

• Examine whether acid reflux, exposure to certain chemicals, or other medical conditions could have impacted the results.
• Verify if the proper chain of evidence was maintained during sample collection and testing. Any mishandling could invalidate the evidence in court.

Can You Refuse BAC Testing?

Yes, West Virginia law allows you to refuse chemical or breath testing. However, refusal comes with serious consequences, including an extended suspension of your driver’s license.

If you choose to refuse a BAC test, it is crucial to remain polite and avoid arguing with the officer. Refuse respectfully and avoid actions that could escalate the situation. A qualified Clarksburg DUI attorney can later review the circumstances of your refusal and guide you on the best path forward.

What to Do If Arrested for a DUI

If you’re arrested for suspected DUI, your first step should be to contact a Clarksburg criminal lawyer immediately. An experienced attorney will:

• Investigate the events surrounding your arrest to ensure all procedures were lawfully conducted.
• Review how BAC testing was performed and identify potential inaccuracies.
• Develop a strong defense strategy that may lead to a reduced sentence or even case dismissal.

Contact the Mountaineer Criminal Law Group

If you or a loved one is facing DUI charges in or around Clarksburg, our team is here to help. At the Mountaineer Criminal Law Group, we have extensive experience navigating the complexities of DUI cases.

Call us today at (304) 381-3656 to schedule a consultation with one of our highly skilled Clarksburg criminal lawyers. We’re committed to protecting your rights and guiding you toward the best possible outcome.

With the right legal expertise on your side, you can face your case with confidence and minimize the potential consequences.