Implied Consent in Weirton, WV

Implied Consent is a legal concept that may not be widely known but carries significant implications for drivers. It pertains to the obligation of a person operating a vehicle to submit to a breath test, which helps determine the presence of drugs or alcohol in their system. When a driver is suspected of DUI/OVI, they can be compelled to undergo these tests. The underlying rationale behind this law is that by choosing to drive on West Virginia’s roads, a driver implicitly agrees to submit to a breath test in the event of an OVI or DUI.

When applying for a driving license in West Virginia, applicants are provided with a form that outlines the concept of implied consent. It is crucial to carefully review the details of this form and understand its implications.

If you find yourself in a situation where you have been arrested in West Virginia and have already undergone a breath test, it is advisable to seek the assistance of a Weirton DUI lawyer. With their expertise, they can help minimize the charges and potential consequences, or even get the charges dismissed. Visit Mountaineer Criminal Law Group today to have our experienced lawyers handle your case.

What happens if you refuse to submit to the test? 

Failing to comply with a blood, urine, or breath test following an arrest can result in the revocation of your driver’s license. Additionally, you may be required to undergo a secondary Blood Alcohol Concentration test. Failing to appear for this secondary test may lead to the filing of a refusal appeal within one month of your bond, arraignment, and release. Failure to meet this deadline may result in fines ranging from $100 to $500, a potential jail sentence of six months, a year-long license suspension, and the installation of an interlock device in your vehicle for thirteen and a half months. If you find these consequences confusing, seeking legal assistance from a Weirton DUI lawyer is highly recommended.

Refusing to comply with Chemical Test

When facing a DUI arrest in West Virginia, it is important to understand that another chemical test will be conducted by the police, requiring your cooperation. The test may involve blood, urine, or breath samples. It is crucial to note that refusing to participate in this test will result in more severe penalties.

Within 48 hours of refusing the test, the Division of Motor Vehicle commissioner will receive written confirmation from the police, stating the following:

  • Your arrest is lawful
  • There were sufficient grounds to suspect that you were intoxicated or driving under the influence
  • You willingly abstained from taking the test
  • The police verbally warned you about the consequences of refusing the test

Consultation with Your Lawyer Before the Test

Unfortunately, in the state of West Virginia, consulting with your Weirton criminal lawyer before the tests are carried out is not allowed. Only after the completion of the tests can you discuss the matter and potentially face jail time.

Seek Guidance from a Weirton DUI Lawyer

If you have questions about the Implied Consent rules, we encourage you to contact Mountaineer Criminal Law Group. We are dedicated to promptly addressing your concerns and ensuring that you achieve a favorable outcome. Call us today for further details.

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