Implied Consent in Grafton, WV

What Is Implied Consent?

Implied Consent is a legal concept that many may not be familiar with, but it has a significant impact on drivers. Essentially, this law requires drivers to comply with initial breath tests when suspected of driving under the influence (DUI). These tests determine the percentage of alcohol or drugs in your system. If you’re stopped on suspicion of DUI or OVI (Operating a Vehicle under the Influence), you are legally obligated to submit to these tests.

The foundation of this law is simple. When you drive on West Virginia roads, including those in Grafton, you are agreeing to provide a breath sample if lawfully arrested for suspicion of DUI or OVI.

When you apply for a driver’s license in West Virginia, you’ll find the terms of Implied Consent explicitly outlined in the application form. Our DUI attorney suggests carefully reviewing this form to fully understand how it could affect you in the future.

If you are arrested after undergoing a breath test, it’s important to seek legal representation promptly. A trusted Grafton criminal lawyer can work to lessen the severity of the charges, potentially reduce penalties, or even get your case dismissed. Contact Mountaineer Criminal Law Group for skilled legal guidance.

What Happens If You Refuse the Test?

Refusing to provide a sample for a blood, urine, or breath test during a DUI arrest puts you at risk of severe penalties. Here’s what you can expect if you choose not to comply with the test requirements:

• Your driver’s license may be revoked.
• You might be required to undergo a secondary Blood Alcohol Concentration (BAC) test.

If you refuse to take the test, you’ll need to file an appeal within 30 days of your bond, arraignment, or release. Missing this window can lead to fines ranging from $100 to $500, jail time of up to six months, license suspension for nearly a year, and a requirement to install an interlock device in your car for over 13 months.

If the legalities surrounding Implied Consent seem overwhelming, don’t hesitate to consult a Grafton DUI attorney who can guide you through the process.

Refusing to Undergo a Chemical Test

Once you’ve been arrested for a DUI in West Virginia, authorities will ask you to comply with an additional chemical test, which may measure your BAC through blood, urine, or breath samples. Refusing this test comes with higher stakes.

If you refuse to undergo the chemical test, the Division of Motor Vehicles (DMV) commissioner will be notified within 48 hours. The police must provide a written statement outlining the following points:

• Your arrest was lawful.
• They had reasonable grounds to believe you were under the influence or driving while intoxicated.
• You refused to take the test.
• You were warned verbally about the consequences of refusing the test.

Failure to comply can lead to enhanced penalties. Connect with a trusted Grafton criminal lawyer to understand your rights and next steps.

Can You Speak to Your Lawyer Before Taking the Test?

Unfortunately, West Virginia law does not permit you to consult your Grafton DUI attorney before undergoing these tests. The law requires you to comply with the process first, and any discussions with legal representation can only take place after the completion of the tests.

Consult a Grafton DUI Attorney Today

If you have questions about West Virginia’s Implied Consent laws, the legal team at Mountaineer Criminal Law Group is here to help. Our attorneys are dedicated to helping you understand your rights and providing expert guidance for the best possible outcome.

Don’t wait to seek the help you need. Contact (304) 381-3656 Mountaineer Criminal Law Group today to consult with a skilled Grafton criminal lawyer and start building your defense.