Weirton BAC Testing Attorney

In West Virginia, there are three permissible methods for conducting BAC tests, each chosen by law enforcement agencies to ensure accuracy. These methods include:

  • Breath Test: Considered the primary method in all 55 West Virginia counties, this test is administered using the EC/IR II breath machine, manufactured exclusively for government agencies by Intoximeters, Inc. It is a straightforward and easily administered test.
  • Blood Test: Regarded as the most accurate method, blood samples are drawn at hospitals and sent to the West Virginia State Police Crime Lab.
  • Urine Test: Although less accurate, the urine test may be administered together with a second test to enhance accuracy. It is not commonly used.
  • If you have a driver’s license in West Virginia, you have given implied consent to undergo a chemical test for determining BAC if you are ever suspected of driving under the influence and taken into custody.

Failing the chemical test does not necessarily indicate guilt. In such cases, an experienced Weirton criminal lawyer can help challenge the validity of the test. For breath tests, they can assess if the machine was calibrated properly and demonstrate any faults. They can also investigate if the test was administered according to guidelines, considering factors that may lead to false readings, such as mouthwash, food particles, or certain medications. A seasoned lawyer understands how external factors, like acid reflux or occupational chemical exposure, can influence blood tests. They will ensure that the authorities follow the proper chain of evidence. Any mishandling during the blood test could jeopardize its validity for use in a DUI court.

By focusing on accurate testing methods and legal strategies, a skilled lawyer can effectively engage in DUI defense.

Can You Decline BAC Testing?

Yes, you are legally allowed to refuse chemical or breath testing. However, it’s important to note that this may result in a prolonged suspension of your driver’s license. Unless you have a valid legal excuse, it’s not advisable to refuse BAC testing. Even if you choose to refuse, it is crucial to make your request politely. It is important to never argue with a police officer when asserting your refusal for a chemical and breath test.

What Should You Do When Arrested for a DUI?

If you find yourself arrested for a DUI, it is highly recommended to immediately contact your Weirton DUI lawyer. An experienced attorney will carefully review the events leading up to the arrest to ensure that proper procedures were followed. They will also scrutinize the administration of BAC testing and strategize ways to have your case dismissed.

If you or your loved ones are facing DUI charges, please reach out to the Mountaineer Criminal Law Group at (304) 381-3656 to schedule a consultation with our seasoned Weirton criminal lawyer. We are dedicated to guiding you through the complexities of the legal process and providing you with the best possible advice. Our attorneys possess the expertise and skills necessary to minimize any potential repercussions stemming from your case.

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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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