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Wellsburg BAC Testing Attorney

All you should know about BAC test – DUI defense

In West Virginia, the process of BAC testing involves three permissible methods. Each law enforcement department is required to choose a specific test method. Let’s explore the three testing parameters:

  • Breath Testing: Preferred by all 55 counties in West Virginia, breath testing is considered the primary method due to its simplicity. The EC/IR II, an Intoximeters, Inc.-manufactured breath machine, is used for this purpose. It’s important to note that the EC/IR II is exclusively available to government agencies, not for private use.
  • Blood Testing: Considered the most accurate method, blood testing involves drawing blood at a hospital and sending it to the West Virginia State Police Crime Lab for analysis.
  • Urine Testing: While less accurate, urine testing may be administered alongside a second test to ensure accuracy. However, it is not commonly used in practice.
  • If you possess a driver’s license in West Virginia, you have already provided implied consent to undergo a chemical test for determining your BAC if ever detained by the police under suspicion of driving under the influence.

It’s crucial to remember that failing a chemical test does not imply automatic guilt. A skilled Wellsburg WV criminal lawyer can challenge the validity of the test results. For instance, if a breath test was conducted, the lawyer can examine whether the machine was correctly calibrated and prove its malfunction. Furthermore, they will thoroughly investigate whether the test was administered in accordance with guidelines, taking into account factors that may cause false readings such as the use of mouthwash, presence of decaying food particles, or consumption of certain medications. Additionally, experienced Wellsburg WV DUI lawyers are well-versed in how blood tests can be influenced by factors like acid reflux or exposure to chemicals in the workplace. They meticulously verify whether the authorities followed the proper chain of evidence. Any mishandling during the blood test process could potentially render the test invalid in a DUI court.

Can You Refuse BAC Testing?

When it comes to BAC testing, you may wonder if refusing is a viable choice. While declining the chemical or breath test won’t absolve you from the situation, it’s crucial to weigh the potential consequences, such as a prolonged driver’s license suspension. However, unless you possess a valid legal excuse, experts generally advise against refusing BAC testing. If you do choose to refuse, remember to politely make your request while complying with lawful instructions from the police officer.

What should you do when arrested for a DUI?

If you find yourself arrested for a DUI, it’s crucial to seek immediate assistance from a knowledgeable Wellsburg WV DUI lawyer. An experienced attorney will carefully examine the circumstances surrounding your arrest to ensure proper protocols were followed. They will also scrutinize the BAC testing procedure and explore avenues for having your case dismissed.

Contact Mountaineer Criminal Law Group at (304) 381-3656 to schedule a consultation with our skilled Wellsburg WV criminal lawyer. Our dedicated legal team possesses the expertise to guide you through the complexities of the legal process and recommend the best course of action. Rest assured, we will work tirelessly to help you avoid any potential complications arising from your case.

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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