What Is Implied Consent?
Implied consent is a law that is little known but it has the forcible effect on the driver to submit for the preliminary breath test to find out the amount of alcohol and drug in their system. When a driver is suspected of DUI/OVI, they will be asked to submit to these tests. The concept of this law is that when you are getting behind the wheel on the road of West Virginia, you are consenting that you will submit for a breath test, so that in case of OVI, you can be lawfully arrested.
When you apply for driver’s license in West Virginia, you will get a form. The implied consent is written in that form. And all Morgantown DUI lawyers will ask you to read the form and understand the implications correctly.
If you have been arrested on the road of West Virginia and already have got arrested after the breath test, you need to get in touch West Virginia DUI lawyer so that they can help you reduce the charges or getting them completely dismissed. Come to Mountaineer Criminal Law Group right away and let our lawyer take care of your case.
What Will Happen if You Refuse the Test?
When you are arrested, if you refuse to submit for blood, breath or urine test, you will be facing possible license revocation. A secondary BAC test will require your consent to be conducted. In case of refusal, you must file your refusal appeal within 30 days of arraignment, bond and release. If you cannot do that, you are looking at 6 months of jail time and a fine up to $100 to $500. For this, your license will be suspended for one year. Or you will have to install the ignition interlock device for 13 and a half months in your vehicle. These things can be very confusing to understand for you. And that is why you need the help of a Morgantown DUI lawyer.
Refusal for Chemical Test
After you are arrested for DUI in West Virginia, a second chemical test will be administered and for that, police will need your consent. This is generally blood, breath or urine test. In case you refuse this test, you will face harsher penalties. Within 48 hours of your refusal, the Commissioner of the Division of Motor Vehicle will receive a written statement from the police stating:
- You are lawfully arrested
- They have probable cause to think you were intoxicated while driving
- You have refused the test
- They have warned you verbally about the consequences of refusing the test
Can You Consult Your Lawyer Before Submitting for the Test?
No, in West Virginia, you don’t have the right to talk to your West Virginia DUI lawyer before the tests are conducted. You can only talk to the lawyer when you are in jail after all the tests are done.
Connect With Morgantown DUI Lawyer
It is obvious that you will have a lot of questions regarding the rules and implied consent. This is why you need to get in touch with us at Mountaineer Criminal Law Group. We will answer all your questions and will ensure that you get the most favorable outcome. Give us a call for more details.