Morgantown BAC Testing Attorney

Everything You Need to Know About BAC Tests and DUI Defense

In West Virginia, law enforcement agencies are authorized to use three different methods for conducting Blood Alcohol Concentration (BAC) tests. Each department must select one specific testing method. The three approved testing options include:

Breath Testing – This method has been adopted by all 55 counties across West Virginia as their primary testing approach. It stands out as one of the most straightforward tests to conduct. The test utilizes a specialized breath analysis machine known as the EC/IR II, which is produced by Intoximeters, Inc. This particular device is exclusively available to government agencies and cannot be purchased by private individuals.

Blood Testing – Medical professionals consider this the most reliable testing method available. A blood sample is collected at a hospital facility and subsequently transported to the West Virginia State Police Crime Lab for detailed analysis.

Urine Testing – This method provides the least accurate results and is rarely utilized. When it is performed, it’s typically conducted alongside another test to verify accuracy.

When you obtain a driver’s license in West Virginia, you automatically provide implied consent to submit to a chemical test for BAC determination if law enforcement officers stop you under suspicion of driving under the influence.

Even if the results of your chemical test come back positive, your case isn’t necessarily over. A skilled Morgantown criminal lawyer can challenge the validity of the test results. For breath tests, your attorney can investigate whether the machine received proper calibration and identify any potential equipment malfunctions. They can examine whether the test was administered according to established protocols and explore factors that might produce false readings, such as mouthwash residue, food particles in the mouth, or certain medications. An experienced legal professional understands how various factors can affect blood test results, including conditions like acid reflux or workplace exposure to chemicals. Your Morgantown DUI attorney will verify that authorities maintained the proper chain of custody. Any procedural errors or mishandling during the blood collection process can potentially invalidate the test results in DUI proceedings.

Can You Refuse BAC Testing?

Yes, West Virginia law permits you to decline chemical or breath testing. However, refusing doesn’t eliminate consequences—you’ll likely face an extended suspension of your driving privileges. Unless you have a legitimate legal justification, refusing BAC testing is generally not advisable. If you do choose to refuse a chemical or breath test, always communicate your decision respectfully. Never engage in arguments with law enforcement officers when declining to submit to chemical or breath testing.

What Should You Do When Arrested for a DUI?

If authorities arrest you on DUI charges, contact a Morgantown criminal lawyer without delay. An experienced attorney will thoroughly review every aspect of your arrest to confirm that all proper procedures were followed. Additionally, they’ll scrutinize how the BAC testing was conducted and identify potential strategies for having your case dismissed.If you or someone you care about is facing DUI charges, contact Mountaineer Criminal Law Group at 412.387.6901 to schedule a consultation with our experienced Morgantown DUI attorney. We’ll guide you through the complexities of the legal system and advise you on the best course of action. Our legal team’s knowledge and experience will help you minimize the potential consequences that may result from your case.