Implied Consent in Martinsburg, WV

Implied Consent is a rather unfamiliar law but has a coercive effect on the person driving the car to appear for the initial breath test. It helps in determining the percentage of drugs and alcohol in the body. When a driver is suspected of DUI/OVI, they may be forced to appear for these tests. The idea behind the framing of the law is that you are taking your car out for a drive on the roads of West Virginia; you agree to appear for the breath test to face a lawful arrest in case of an OVI or DUI.

When applying for a driving license in the state of West Virginia, you will receive a form in which implied consent will be written. Our Martinsburg DUI lawyer will request you go through the details of the form and realizes its impact properly.

When you face an arrest out on the road of West Virginia and have already faced it following the breath analyzing test, you are free to connect with a Martinsburg DUI lawyer to reduce the extent of the charges and the consequences or get the charges can get dismissed. Visit Mountaineer Criminal Law Group today and allow our lawyers to handle your case with expertise.

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

When you do not appear for blood, urine or breath test when you face an arrest, another impact you are likely to face is revocation of the license. Besides, you need to agree to a secondary Blood Alcohol Concentration test to be carried out If you refuse to appear for this test, the refusal appeal needs to be filed with a month of bond, arraignment, and release. If you fail to cater to this timeframe, you may look forward to fines of $100 to $500 and six months of jail time. Apart from this, you may face license suspension for a year almost and install the interlock device for thirteen and a half in the car. If you find such things difficult to understand, you will need legal assistance from a Martinsburg DUI lawyer.

Refusing to appear for Chemical Test

Once you face DUI arrest in the state of West Virginia, another chemical test will be conducted and for this reason, the police require you to agree to it. The test includes blood, urine or breath, test. If you refuse to appear for this test, you will face more severe penalties. Within 48 hours of refusing the test, the Division of Motor Vehicle commissioner will receive an in writing from the police that:

  • Your arrest is lawful
  • They have adequate causes to suspect that you were intoxicated or driving under the influence
  • You have agreed not to appear for the test
  • The police had warned you verbally about the impact of refusing the test

Can You Consult Your Lawyer Before going for the test?

It is not permissible in the state of West Virginia.  You cannot discuss this with your Martinsburg DUI lawyer before the tests are carried out. You can only discuss this with the lawyer and face jail time after the completion of the tests.

Consult With a Martinsburg DUI Lawyer

You may ask questions about the Implied Consent rules when you go to Mountaineer Criminal Law Group. We will resolve your queries instantly and make sure that you obtain a favorable outcome. Call us for the details.

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