Martinsburg BAC Testing Attorney

All you should know about BAC test – DUI defense

In West Virginia, three methods are permissible for performing BAC tests. Each law enforcement department needs to pick a specific test. The three testing parameters are:

  • Breath – All 55 West Virginia counties have chosen this as the primary method of testing. It is one of the easiest tests 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 – This one is considered to be the most accurate method. Blood is drawn at the hospital and sent to the West Virginia State Police Crime Lab.
  • Urine – This one is the less accurate method and is not used often. It may be administered along with a second test to determine accuracy.
  • Having a driver’s license in West Virginia means you have gone for implied consent to taking a chemical test for determining BAC if you are ever taken away by police and suspected to be driving under the influence.

Even if you fail the chemical test, it doesn’t mean that you are at the edge. An experienced Martinsburg criminal lawyer will play his role when trying to invalidate the test. If you took a breath test, he/she can determine if the machine was properly calibrated and prove that it was faulty. They may dig deeper to determine if it was administered properly based on the guidelines and things that may cause false readings like mouthwash, decaying food particles, or some old medicines. An experienced lawyer knows how 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 authorities followed the chain of evidence followed properly. Any mishandling during the blood test may destroy the validity of the test to be used in DUI court.

Can You Refuse BAC Testing?

Yes, you are permitted to refuse the chemical or breath testing. Doing so won’t get you off the track but what is most likely is a prolonged suspension of your driver’s license. Unless you have a legal or valid excuse, it might not be recommended to refuse BAC testing. Even if you refuse a chemical or breath test, be sure to put in the request politely. You must never argue with a police officer when requesting the refusal of the chemical and breath test.

What should you do when arrested for a DUI?

If you have been arrested for a DUI case, try to get in touch with your Martinsburg DUI lawyer immediately. An experienced attorney will look into the events that happened during the arrest to ensure that all procedures were followed correctly. Furthermore, they will check the way BAC testing was performed and figure out the ways of having your case dismissed.

If you or loved ones are facing DUI charges contact the Mountaineer Criminal Law Group at (304) 381-3656 to schedule a consultation with our experienced Martinsburg criminal lawyer. We will surely help you navigate the complexities of the legal proceedings and recommend what to do next. The expertise and skills of our lawyers will help you evade the possibilities of trouble that may arise as a consequence of the case.

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