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Hancock County BAC Testing Attorney

Understanding BAC Tests for DUI Defense in West Virginia

In West Virginia, law enforcement departments rely on three permissible methods for conducting BAC tests. These testing parameters include:

  • Breath Test: Preferred by all 55 West Virginia counties, the breath method is easy to administer using the EC/IR II breath machine manufactured by Intoximeters, Inc. Please note that the EC/IR II is exclusively sold to government agencies and not available for private use.
  • Blood Test: Considered the most accurate method, blood samples are drawn at hospitals and sent to the West Virginia State Police Crime Lab.
  • Urine Test: This less accurate method is rarely used and may be combined with a second test for increased accuracy.
  • Having a driver’s license in West Virginia implies your consent to undergo a chemical test for BAC determination if you are suspected of driving under the influence and detained by the police.

However, failing a chemical test does not necessarily determine your guilt. Skilled Hancock  County criminal lawyers can challenge the validity of the test. For breath tests, they can investigate if the machine was properly calibrated and demonstrate any faults. Furthermore, they can delve deeper into the test administration process, considering guidelines and potential factors that may result in false readings, such as mouthwash, food particles, or certain medications. Experienced lawyers also understand how different factors, like acid reflux or exposure to chemicals, can influence blood test results. In addition, they will ensure that the chain of evidence was properly followed during the blood test, as any mishandling could invalidate its use in Hancock County DUI court.

Can You Refuse BAC Testing?

While you are legally allowed to refuse a chemical or breath test, doing so may lead to a prolonged suspension of your driver’s license. Unless you have a valid or legal excuse, it is generally not recommended to refuse BAC testing. If you do choose to refuse, it is important to make your request politely and avoid arguments with the police officer conducting the test.

For expert legal guidance, contact a Hancock County criminal lawyer today.

What Should You Do When Arrested For a DUI?

If you find yourself arrested for a DUI, it is crucial to promptly reach out to your Hancock County DUI lawyer. An experienced attorney will thoroughly review the arrest process to ensure adherence to all proper procedures. Additionally, they will meticulously examine the administration of BAC testing and strategize ways to potentially dismiss your case.

If you or your loved ones are currently facing DUI charges, contact the Mountaineer Criminal Law Group at (304) 381-3656 to schedule a consultation with our highly skilled Hancock County criminal lawyer. We are dedicated to guiding you through the intricacies of the legal proceedings and providing recommendations for your next steps. Our legal team’s expertise and proficiency aim to mitigate any potential consequences resulting from your case, ensuring an optimal outcome.

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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