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Implied Consent in Wellsburg, WV

Implied Consent is a law that may be unfamiliar to many, but it holds significant power over drivers. It acts as a coercive measure, compelling individuals to submit to initial breath tests to determine alcohol or drug levels in their system. If you’re suspected of DUI/OVI, you can be legally compelled to undergo these tests. The underlying principle is simple: when you take your car onto West Virginia’s roads, you implicitly agree to face a breath test and potential arrest if found intoxicated or impaired.

When applying for a driving license in West Virginia, you’ll encounter a form explicitly outlining the concept of implied consent. Our Wellsburg WV criminal lawyer encourages you to examine this document carefully, grasp its implications, and understand your rights.

However, should you find yourself facing an arrest on West Virginia’s roads, having already undergone a breathalyzer test, it is crucial to connect with a Wellsburg WV criminal lawyer. Their expertise can help mitigate charges, minimize consequences, or even get the charges dismissed entirely. Reach out to Mountaineer Criminal Law Group today and let our skilled attorneys handle your case.

What will happen if You do not appear for the test?

Refusing to appear for a blood, urine, or breath test when facing an arrest brings about severe repercussions. One immediate consequence is the revocation of your license. Additionally, agreeing to a secondary Blood Alcohol Concentration test becomes mandatory. Should you refuse this test, you must file a refusal appeal within one month of bond, arraignment, and release. Failure to meet this deadline can result in fines ranging from $100 to $500, up to six months of jail time, and potential license suspension for approximately one year. Moreover, you may need to install an interlock device in your car for thirteen and a half months. Should you find these circumstances overwhelming, it is imperative to seek legal assistance from a Wellsburg WV DUI lawyer.

Refusing to appear for a Chemical Test

When facing a DUI arrest in West Virginia, it’s crucial to understand the implications of refusing another chemical test. The police require your cooperation in conducting this test, which may involve blood, urine, or breath samples. Failure to comply with the test can lead to 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 is sufficient cause to suspect you were intoxicated or driving under the influence.
  • You have chosen not to appear for the test.
  • You were verbally warned about the consequences of refusing the test.

Can You Consult Your Lawyer Before Taking the Test?

Unfortunately, it is not permissible in West Virginia to consult your Wellsburg WV DUI lawyer before the tests are carried out. Legal discussions can only take place after the completion of the tests, potentially resulting in jail time.

Consult with a Wellsburg WV DUI Lawyer

If you have questions about the Implied Consent rules or need guidance, turn to Mountaineer Criminal Law Group. Our dedicated team is here to address all your concerns promptly and strive for a favorable outcome. Contact us now for more information.

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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