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DUI Refusal in Wheeling

When a police officer suspects a driver of being intoxicated during a traffic stop, they are required to administer a breath, blood, or urine test. Prior to conducting the test, the officer must inform the driver of the consequences of refusing to comply, as outlined in West Virginia’s Revised Code, Section 4511.192(B), which entails the Implied Consent Statute.

If the driver refuses to take the chemical test, the officer will proceed with paperwork that notifies the Bureau of Motor Vehicles to suspend the driver’s license. This administrative license suspension (ALS) is not limited to cases of driving under the influence, but also applies if a driver is found to be operating a vehicle with an excessive amount of controlled substances in their bloodstream.

Not Being Able to Take a Chemical Test Does Not Equal a Refusal

It is important to note that in circumstances where a driver is unable to provide an adequate sample for the chemical test due to medical conditions or other factors, it does not automatically constitute a refusal.

The courts, including the federal Supreme Court, have dealt with numerous cases that have provided clarification on what can be considered a refusal or not.

If you find yourself accused of refusal, it is crucial to seek the assistance of an experienced Wheeling WV DUI attorney like Sean Logue. With his expertise, he can present evidence to the court to demonstrate that your inability to complete the chemical test was due to your condition and not a deliberate refusal.

Chemical Test Refusal Penalties in Wheeling, West Virginia

Refusing to submit to chemical testing in West Virginia is considered a first-degree misdemeanor, resulting in severe consequences. Here is a comprehensive list of penalties that drivers can expect in such situations:

  • Installation of an ignition interlock device at the driver’s expense.
  • Completion of a court-approved driver intervention program.
  • Jail time, ranging from three days to a maximum of six months.
  • Fines ranging from $375 to $1,075.
  • Suspension of the driver’s license, lasting from six months to three years.

Driver intervention programs, typically held in hotels over a three-day weekend, aim to educate drivers about alcohol and drugs to prevent future violations of DUI law.

You Need Assistance to Fight a Refusal to Submit

Due to the enhanced penalties associated with refusing chemical testing, it is crucial to seek help from a knowledgeable Wheeling WV criminal attorney who understands the law, court processes, and available defenses. A reputable Wheeling WV DUI attorney, well-versed in defending clients accused of operating a vehicle while intoxicated, will know how to request essential records and build a compelling defense tailored to your unique case.

Regardless of the arresting authority or jurisdiction, Sean Logue has a deep understanding of prosecutors’ and police officers’ methods. With an up-to-date knowledge of drunk driving laws and penalties, Sean will be your advocate throughout the legal process.

Contact Sean Logue now for a free initial consultation, available anytime at (304) 381-3656.

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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