Should You Take Or Refuse The Chemical Test? Ask DWI Attorneys In Martinsburg, WV

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.

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