In West Virginia, three kinds of methods are allowed for performing BAC tests. Every law enforcement department has the choice of which test to use. The three testing measures are:
- Breath – All 55 West Virginia counties have chosen this as the primary method. It is the easiest test to administer. It is done using a breath machine called the EC/IR II which is manufactured by Intoximeters, Inc. The EC/IR II is only sold to government agencies and not to individuals for private use.
- Blood – Considered to be the most accurate method. Blood is drawn at the hospital and sent to the West Virginia State Police Crime Lab.
- Urine – Less accurate and less used method. It is often administered along with a second test to determine accuracy.
Having a driver’s license in West Virginia means you have impliedly consented to taking a chemical test to determine BAC if you are ever pulled over by police and suspected to be driving under the influence.
Even if you have failed a chemical test, it doesn’t mean it is all over. An experienced West Virginia criminal lawyer will do his part in trying to invalidate the test. If you took a breath test he can check if the machine was properly calibrated. He will see if it was administered properly according to the guidelines. Things that can cause false readings are mouthwash, decaying food particles, and some cold medicines. A good lawyer knows that a blood test can be influenced by different factors such as acid reflux or if a person works with chemicals. They will check if the chain of evidence was followed properly. Any mishandling of the blood test can cause it to be contaminated and not valid evidence to be used in DUI court.Can You Refuse BAC Testing?
You are allowed to refuse chemical or breath testing. Doing so won’t get you off the hook, it will most likely cause an enhanced suspension of your driver’s license. Unless you have a legally valid excuse, it might not be in your best interest to refuse BAC testing. If you do choose to refuse a chemical or breath test, do so in a polite manner. It is never a good idea to be argumentative with a police officer.What to Do If You Have Been Arrested for a DUI
If you have been arrested for a DUI get in touch with your Morgantown criminal defense lawyer immediately. An experienced attorney will look into everything that happened during the arrest to make sure all procedures were followed properly. They will check the way BAC testing was performed and look for any way possible to have your case dismissed.
If you or someone you know are facing DUI charges contact the Mountaineer Criminal Law Group at (304) 584-DUI1 to schedule a consultation with one of our seasoned criminal defense lawyers. We will help you navigate the complicated legal proceedings and advise you on what to do next.