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DUI / OUI Blood Test
Every month in West Virginia, many people face charges for Driving Under the Influence (DUI) or Operating Under the Influence (OUI). When someone is arrested, it’s standard for police officers to use breath and blood tests to check for intoxication. While blood tests are generally considered accurate, refusing to take one can lead to immediate consequences, including license suspension. An adult with a Blood Alcohol Concentration (BAC) of 0.08% or higher, or an individual under 21 with a BAC of 0.02% or higher, can be charged with a DUI/OUI offense. However, it’s important to know that you can challenge these blood test results in court. To effectively handle this situation, it is vital to work with an experienced criminal defense lawyer who specializes in DUI cases.
What You Need to Know
In West Virginia, you can be charged with a DUI if your blood alcohol concentration is above the legal limit. It’s also important to understand that arresting officers have significant discretion. This means even if your BAC is below the 0.08% or 0.02% threshold, an officer can still charge you if they testify that your ability to drive was impaired. Fighting the blood test results in court could be the key to avoiding a conviction. A knowledgeable Wellsburg criminal lawyer can explain your defense options and guide you through the process. Consider these potential strategies for your defense:
Challenging the Preservation of the Blood Sample: Questioning whether the blood sample was stored correctly is a valid defense. Improper preservation can lead to fermentation, which can create alcohol in the sample and produce a falsely high BAC reading.
Contesting the Handling and Mixing of the Blood Sample: The integrity of the test depends on proper procedure. If the blood sample was mishandled or mixed incorrectly with preservatives, the results may be inaccurate, and this can be challenged in court.
Raising Concerns About Contamination: Contamination of the sample or improper administration of the test can cast serious doubt on the reliability of the evidence. For example, if the area where blood was drawn was not cleaned properly, it could affect the results.
Pursuing an Independent Analysis: You have the right to request an independent analysis of your blood sample. The results from a separate, trusted lab can serve as powerful evidence in court and significantly strengthen your defense. A skilled Wellsburg DUI attorney can arrange this for you.
How a Wellsburg Criminal Lawyer Can Help You
My name is Attorney Sean Logue, and for over a decade, I have passionately defended hundreds of clients facing DUI charges. I have a strong track record of successfully discrediting blood test results presented by the prosecution. My credentials, including a Pennsylvania Super Attorney recognition and a 10.0 Avvo rating, reflect my skill and dedication to protecting my clients’ rights.
The consequences of a DUI/OUI conviction in the Wellsburg area are severe, potentially leading to jail time, large fines, and restricted driving privileges. A single DUI charge can create long-term obstacles, impacting your educational goals and professional career. It is critical to take these charges seriously. I am prepared to fight alongside you to ensure we achieve the best possible outcome for your case. A dedicated Wellsburg criminal lawyer can make all the difference.
At Logue Law Group, we offer exceptional legal representation and deliver results. Our team will meticulously investigate every detail of your case, from the actions of the arresting officers to any potential violations of your constitutional rights. As a seasoned Wellsburg DUI attorney, I will arrange for the reexamination of your blood samples, challenge the prosecution’s evidence, and work tirelessly to get the charges against you dismissed.
Do not wait to seek legal help. Contact Logue Law Group for immediate assistance. The sooner you reach out, the more effectively we can build a strong defense and work toward a favorable result for you. Our Wellsburg DUI attorneys are highly trained and have a deep understanding of DUI laws and BAC testing procedures, and as a Wellsburg criminal lawyer, I am ready to put that knowledge to work for you.
You can discuss your DUI/OUI Blood Test by scheduling a free consultation. Contact me today at (844) PITT-DUI or get in touch online.
Logue Law Group proudly serves Wellsburg and the surrounding counties, as well as West Virginia and Ohio. We are here to be your advocate.











