There’s a critical decision that must be made after being stopped for a suspected DWI in West Virginia. Is it better to take or refuse the breath test? This is a decision that must be made alone. In West Virginia, no one has the right to speak to DWI Attorneys Martinsburg WV before submitting to a chemical test. However, as soon as possible, call DWI Attorneys Martinsburg WV.
Consequences of Submitting to the Chemical Test
Non-aggravated: If Blood Alcohol Concentration (BAC) is .15 or less;
* 90 days without driving or 15 days without driving, plus 120 days driving with an interlock/blow tube.
Aggravated: BAC higher than .15;
* 45 days of no driving, plus 9 months driving with an interlock/blow tube.
If there is one other DUI conviction in the past ten years:
* No driving for one year. Two years driving with an interlock/blow tube.
If there are two previous DUI convictions in the past ten years:
* No driving for one year. Three years driving with an interlock/blow tube.
Consequences of Refusing the Chemical Test
* No driving for 45 days. One year driving with an interlock/blow tube.
* The DMV could also mandate one year with no driving.
* If there are multiple convictions for DUI, the driver’s license can be suspended indefinitely.
Factors That Can Influence a Blood Alcohol Test
Many factors can result in a false high reading, including the following, according to DWI Attorneys Martinsburg WV.
* GERD (gastrointestinal reflux disease) or acid reflux can cause alcohol to move to the throat or mouth from the stomach.
* Anyone who works with certain toxic chemicals could have traces in their lungs.
* Mouthwash or cold medicines containing alcohol can cause a higher breath test result.
* Decaying particles of food can also cause a false high.
* Asthma, bronchitis or COPD can cause someone to be physically not able to take the test.
* Age, gender and metabolism: older people and women break down alcohol slower than men, the metabolic rate varies.
Attorney Harley Wagner, the founder of the Wagner Law Firm, dedicates 100% of their advocacy resources to a vigorous defense of DUI cases. His expertise has been recognized with many honors, including the Best of the Best, Best Attorney 2010-14. Harley Wagner also co-authored the book on DUI Defense in West Virginia, West Virginia DUI Defense: The Law and Practice. When you’re looking for DWI Attorneys Martinsburg WV, call Harley Wagner for a complimentary consultation.
