Moundsville BAC Testing Attorney

All You Should Know About BAC Testing and DUI Defense

In West Virginia, there are three approved methods for conducting BAC (Blood Alcohol Content) tests. Each law enforcement department must choose one specific method. Let’s explore these three testing methods:

Breath

All 55 counties in West Virginia have selected breath testing as their primary method. This is because it’s straightforward to administer. The test is conducted using a breath machine called the EC/IR II, manufactured by Intoximeters, Inc. Notably, the EC/IR II is only available to government agencies and is not for private use.

Blood

Blood testing is regarded as the most accurate method. Blood samples are drawn at a hospital and then sent to the West Virginia State Police Crime Lab for analysis.

Urine

Urine testing is considered less accurate and is not commonly used. When administered, it is usually paired with another test to ensure accuracy.

Implied Consent

Holding a driver’s license in West Virginia means you have given implied consent to undergo a chemical test to determine your BAC if you are arrested on suspicion of driving under the influence (DUI).

Even if you fail a chemical test, all is not lost. An experienced Moundsville criminal lawyer can challenge the validity of the test. For instance, if you took a breath test, the lawyer can check if the machine was correctly calibrated or if the test was administered following proper guidelines. Factors like mouthwash, food particles, or certain medications can cause false readings.

For blood tests, an experienced lawyer can check if factors like acid reflux or chemical exposure impacted the results. They will also verify if the authorities followed the proper chain of evidence. Any mishandling during the blood test can invalidate it in court.

Can You Refuse BAC Testing?

Yes, you can refuse chemical or breath testing. However, refusal may result in a longer suspension of your driver’s license. It is generally not advisable to refuse BAC testing unless you have a valid legal reason. If you do decide to refuse, make sure to do so politely and without arguing with the police officer.

What Should You Do If Arrested for a DUI?

If you’re arrested for a DUI, contact your Moundsville DUI lawyer immediately. An experienced attorney will review the events of your arrest to ensure all procedures were properly followed. They will also examine how the BAC test was conducted and explore ways to get your case dismissed.

If you or a loved one is facing DUI charges, contact the Mountaineer Criminal Law Group at (304) 381-3656 to schedule a consultation with our skilled Moundsville criminal lawyer. We will help you navigate the complexities of the legal proceedings and advise you on the best course of action. Our Moundsville criminal lawyers’ expertise and skills can help you avoid potential legal troubles arising from your case.