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Fairmont BAC Testing Attorney

Understanding BAC Tests – DUI Defense Tactics

Driving under the influence (DUI) in West Virginia involves strict procedures, including Blood Alcohol Concentration (BAC) testing to determine impairment. Knowing your rights and the intricacies of BAC tests can be pivotal in a DUI defense case. Here’s what you should know, presented in an easy-to-understand format:

The Accepted Methods of BAC Testing:

West Virginia law enforcement utilizes three sanctioned methods for BAC assessment. Each department must adhere to one of these during a DUI investigation:

  • Breath Analysis:
  • Opted by all 55 counties in West Virginia, the breath test is the go-to method and is facilitated using the EC/IR II machine, supplied exclusively to government entities by Intoximeters, Inc.
  • Blood Examination:
  • Acknowledged as the most precise form of BAC testing. A sample is collected usually at a hospital setting and analyzed by the West Virginia State Police Crime Lab.
  • Urine Analysis:
  • This is a less commonly used and less reliable method. It may be employed as a supplementary test to corroborate or question the results from other tests.

By holding a West Virginia driver’s license, you’ve implicitly agreed to undergo chemical tests for BAC if law enforcement suspects you of DUI offense.

The Role of a Skilled Fairmont Criminal Lawyer:

Failing a BAC test isn’t the end of the line. A seasoned Fairmont criminal lawyer can help challenge the results:

  • They can scrutinize the breathalyzer for proper calibration and argue against any malfunction.
  • They are knowledgeable about factors that might skew breath test results such as mouthwash, food remnants, or certain medications.
  • They also understand how a myriad of variables, like working conditions or health issues (i.e., acid reflux), can affect blood test reliability.
  • They will ensure that proper procedures were followed and the evidence chain remained intact.

The Right to Refuse BAC Testing:

It is within your legal rights to decline chemical or breath BAC tests, but it can lead to an extended suspension of your driver’s license. Unless there is a strong legal rationale, refusal is generally not advisable. If opting to refuse, it should be done courteously and without confrontation.

Steps to Take if Arrested for DUI:

Contact a knowledgeable  Fairmont DUI lawyer as soon as possible if you are facing a DUI charge. A Fairmont DUI lawyer  will: 

  • Review the arrest process meticulously to confirm that protocol was followed.
  • Investigate the administration of the BAC testing.
  • Explore potential strategies to have your case dismissed.

Facing DUI charges can be overwhelming. For expert legal counsel and assessment, reach out to the Mountaineer Criminal Law Group at (304) 381-3656 for a comprehensive consultation with our experienced Fairmont DUI lawyer. We are committed to guiding you through the legal maze and advising on the best course of action. Trust in the expertise of our lawyers to safeguard your interests and minimize potential repercussions stemming from your DUI case.

Client Reviews

I had hired Mr. Logue a few years ago for my gf at the time for charges she had gotten before I had met her, for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr. Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her...


I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped...

Former Client

Mr. Logue took our son’s cases on very short notice (the first lawyer we hired wasn’t getting anywhere with either of the prosecutors and had actually turned one of the cases over to the court-appointed attorney). We hired Mr. Logue to go to trial if needed, but he worked with both prosecutors and...

Former Client

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