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Implied Consent in Hancock County, WV

Implied Consent is a lesser-known law that carries a coercive effect on drivers, compelling them to take the initial breath test. This test helps determine the presence of drugs and alcohol in the body. When a driver is suspected of DUI/OVI, they may be required to undergo these tests. The underlying principle behind this law is that when you take your car out on West Virginia roads, you implicitly agree to submit to a breath test and face lawful arrest in the event of an OVI or DUI offense.

When applying for a driver’s license in West Virginia, you will receive a form outlining implied consent. It is crucial to carefully review and understand the implications of this form, as advised by our Hancock County criminal lawyer.

If you find yourself facing arrest on West Virginia roads and have already undergone the breath analysis test, you have the option to seek assistance from a Hancock County DUI lawyer to minimize the charges and potential consequences, or even have them dismissed. Visit Mountaineer Criminal Law Group today and let our experienced lawyers handle your case with expertise.

What happens if you refuse to take the test?

Failure to comply with blood, urine, or breath tests when facing arrest can result in the revocation of your license. In addition, you will be required to submit to a secondary Blood Alcohol Concentration (BAC) test. Failure to appear for this test within a month of bond, arraignment, and release may result in fines ranging from $100 to $500, a potential jail time of six months, and a license suspension of almost a year. Furthermore, you may be required to install an interlock device in your vehicle for thirteen and a half months. If you find these consequences difficult to comprehend, seeking legal assistance from a Hancock County DUI lawyer is highly recommended.

Refusal to undergo a Chemical Test

Upon being arrested for DUI in West Virginia, you will be required by law enforcement to undergo a chemical test, which includes blood, urine, or breath analysis. It is crucial to understand that refusing to participate in this test will result in more severe penalties. Within 48 hours of your refusal, the Division of Motor Vehicle Commissioner will receive written notification from the police, stating the following:

  • Your arrest is lawful.
  • There are reasonable grounds to suspect that you were driving under the influence or while intoxicated.
  • You consciously chose not to submit to the chemical test.
  • You were verbally informed by the police about the consequences of refusing the test.

Can You Consult Your Lawyer Before Going for the test?

Unfortunately, in the state of West Virginia, consulting with your Hancock County DUI lawyer before undergoing the chemical tests is not permitted. The discussion with an attorney can only take place after the completion of the tests, during which you may face potential jail time.

At Mountaineer Criminal Law Group, we understand the importance of clarifying any concerns you may have regarding Implied Consent rules. Our team is dedicated to providing prompt and effective solutions, ensuring a favorable outcome. For more information, please contact us.

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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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