Implied Consent in Moundsville, WV

What is Implied Consent?

Implied Consent is a lesser-known law with a significant impact on drivers. Essentially, if you’re driving in West Virginia, you implicitly agree to take a breath test if suspected of DUI/OVI. This law helps determine the levels of drugs and alcohol in your system. If you are suspected of driving under the influence, you may be compelled to take these tests. The basis of this law is that by driving, you consent to such tests following a lawful arrest for DUI or OVI.

Applying for a License

When you apply for a driver’s license in West Virginia, you’ll encounter an Implied Consent clause in the application form. Our Moundsville DUI lawyer advises you to thoroughly read and understand this section to grasp its full implications.

Facing Arrest and Legal Help

If you are arrested in West Virginia and have undergone a breath test, you have the right to seek legal assistance from a  Moundsville criminal lawyer. They can help mitigate charges, minimize consequences, or even get the charges dismissed. Visit Mountaineer Criminal Law Group today for expert legal counsel.

Consequences of Refusing the Test

License Revocation

If you refuse to take a blood, urine, or breath test following an arrest, you risk having your license revoked. Additionally, you must agree to a secondary Blood Alcohol Concentration (BAC) test. If you refuse this as well, an appeal must be filed within a month of your bond, arraignment, and release. Failure to appeal could result in fines ranging from $100 to $500 and up to six months in jail. Your license may also be suspended for nearly a year, and you may be required to install an interlock device in your car for thirteen and a half months. For guidance on these matters, seek legal assistance from a Moundsville DUI lawyer.

Refusing a Chemical Test

Once arrested for DUI in West Virginia, you will be required to undergo additional chemical tests, which could include blood, urine, or breath tests. Refusal to take these tests will lead to more severe penalties. Within 48 hours of your refusal, the Division of Motor Vehicles commissioner will receive a written report from the police stating that:

• Your arrest was lawful.
• There was probable cause to suspect intoxicated driving.
• You refused to take the test.
• The police verbally informed you of the consequences of refusal.

Consulting Your Lawyer

In West Virginia, you cannot consult with your Moundsville criminal lawyer before undergoing these tests. Legal consultation is only permissible after the completion of the tests and facing possible jail time.

Consult With a Moundsville DUI Lawyer

If you have questions about Implied Consent, visit Mountaineer Criminal Law Group. We will address your concerns promptly and strive to achieve a favorable outcome for you. Call us (304) 381-3656 for more details.

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