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Implied Consent in Fairmont, WV

By Implied Consent, we refer to a legal principle which might not be widely known but can significantly impact drivers asked to take an initial breath test. This law plays a crucial role in measuring the levels of alcohol or drugs in an individual’s system. When a driver is pulled over on suspicion of DUI/OVI (Driving Under Influence/Operating a Vehicle Impaired), they’re obligated by this law to undergo these tests. Driving on West Virginia’s roads means you’ve automatically agreed to these breath tests if stopped by law enforcement.

Every new driver in West Virginia should be aware that when you sign for your driver’s license, you’re also agreeing to Implied Consent. It’s important that you carefully read this section of your paperwork — a step our Fairmont DUI attorneys will strongly advise. Understanding this law’s implications is crucial.

If you’re arrested on DUI charges in West Virginia and have undergone a breath test, remember you have the right to counsel. Contacting a Fairmont DUI lawyer could significantly influence the severity of your charges. The experienced attorneys at Mountaineer Criminal Law Group are prepared to diligently handle your case.

Consequences of Skipping the Test

Not complying with a requested blood, urine, or breath test can lead to serious repercussions, like losing your driver’s license. Additionally, you are expected to comply with a secondary Blood Alcohol Concentration test. Failure to do so within a stipulated time frame could result in monetary fines ranging from $100 to $500, up to six months of jail time, a year-long license suspension, and the need to install an interlock device on your vehicle for over a year. If you’re struggling to grasp these conditions, legal help from a Fairmont criminal lawyer is advisable.

The Stakes of Refusing a Chemical Test

A DUI arrest in West Virginia means you are required to take another chemical test (blood, urine, or breath). Choosing not to participate leads to stiffer penalties. The Division of Motor Vehicle commissioner must be notified within 48 hours of the refusal, along with confirmation that:

  • The arrest followed due process
  • There was reasonable suspicion of intoxication or driving under the influence
  • You were informed about the test and chose not to take it
  • The officer has verbally apprised you of the repercussions of refusing the test

Consulting a Lawyer Pre-Test: Is it Possible?

No, it is against the law in West Virginia to seek your lawyer’s advice before undergoing these tests. The opportunity for discussing the matter with your attorney only comes after the conclusion of the tests, even if it results in arrest and potential jail time.

Speak to a Fairmont DUI Lawyer

Do you have questions about Implied Consent? Reach out to the Mountaineer Criminal Law Group. We’re dedicated to clearing up any confusion and ensuring you achieve the best possible results. Contact us for comprehensive guidance and support.

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...

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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...

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