Getting DUI Help in Martinsburg WV After Refusing to Take Breath or Blood Tests

by | Aug 28, 2015 | Lawyers

If a person is pulled over for DUI and the officer asks them to take a urine, blood or breath test, do they have to submit? What happens if they refuse? DUI help Martinsburg WV can answer these questions and more. There are three field sobriety tests that are administered as a prerequisite for further testing: the one-leg standing test, the horizontal gaze, and the walk/turn test. Unlike chemical testing, there’s no penalty for refusing these tests, although an arresting officer can testify in court as to the refusal. In this article, drivers can learn about implied consent, test timing, and the consequences of refusing to take breath or blood alcohol tests.

Implied Consent Laws

In most instances, if a police officer suspects that a person is driving while intoxicated, the implied consent law requires the person to submit to chemical testing to determine BAC or blood alcohol content. These laws say that drivers agree to take these tests, in exchange for the receipt of a driver’s license. By hiring DUI help Martinsburg WV, drivers can become informed of the state’s implied consent laws.

Test Timing

In some areas, chemical testing must be done within a certain time, usually within a few hours of the offense. In West Virginia, testing is generally done right after the offense, but timing can vary. However, even if a person takes a test later, they can still be found guilty of DUI based on an officer’s observations.

Refusing a Sobriety Test

If a person refuses to take a chemical test, they may DUI help Martinsburg WV. In some cases, the penalties can be worse than if the person was found guilty after submitting to testing. Punishments usually consist of jail time, fines, license suspension and the mandatory use of an ignition interlock. In West Virginia, a refusal to submit to testing carries a penalty of up to one year’s license suspension. When the case goes to trial, the state can use the refusal against the defendant.

If a person finds themselves in a situation where they consider refusing to take a chemical test, they should learn about West Virginia’s laws. By hiring DUI help Martinsburg WV, a defendant can learn more about their rights, and they may be able to challenge the results of any testing to which they submitted.

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