Wellsburg BAC Testing Attorney

Everything You Need to Know About BAC Tests for a DUI Defense

In the state of West Virginia, law enforcement is permitted to use three different methods to conduct a Blood Alcohol Concentration (BAC) test. Every police department is required to select a specific type of testing parameter for its operations. These three permitted testing methods include:

• Breath: All 55 West Virginia counties, including Brooke County, utilize this as their primary testing mechanism. It remains one of the most straightforward assessments to conduct in the field. Officers use a specific breath machine known as the EC/IR II, manufactured by Intoximeters, Inc. The EC/IR II device is strictly sold to government agencies and is completely restricted from private, individual ownership.
• Blood: This approach is widely recognized as the most highly accurate testing option available. A medical professional draws the blood at a local hospital, and the sample is subsequently forwarded to the West Virginia State Police Crime Lab for thorough analysis.
• Urine: This particular method is considered the least accurate of the three and is rarely utilized. Occasionally, it might be administered in conjunction with another test to help verify the accuracy of the overall results.

Holding a driver’s license in West Virginia means you have already given implied consent to submit to a chemical test to determine your BAC. This applies if you are ever detained by law enforcement and suspected of driving under the influence.

However, failing a chemical test does not automatically mean your situation is hopeless. This is exactly where a skilled Wellsburg DUI attorney can step in to evaluate the evidence and work toward invalidating the test results. If you were subjected to a breath test, they can investigate whether the machine was correctly calibrated and demonstrate if it was functioning improperly. They will look closer to see if the guidelines were strictly followed, noting if false readings were triggered by mouthwash, trapped food particles, or certain medications.

A knowledgeable Wellsburg criminal lawyer also understands how blood test results can be skewed by variables like acid reflux or workplace chemical exposure. They will carefully verify whether the authorities maintained the proper chain of evidence. Any mishandling of the sample during the blood test process can completely destroy the validity of the results, making them unusable in a DUI court.

Are You Allowed to Refuse BAC Testing?

Yes, you possess the right to refuse a breath or chemical test. However, doing so will not magically make your charges disappear. In fact, refusing will most likely lead to an extended suspension of your driver’s license. Unless you possess a highly valid or legal excuse, refusing a BAC test is generally not recommended. If you still choose to decline a breath or chemical test, make sure you make your request courteously. You should never argue or become combative with a police officer when stating your refusal.

What Should You Do After a DUI Arrest?

If you find yourself arrested for a DUI, you must immediately contact a qualified Wellsburg DUI attorney. A seasoned legal professional will scrutinize every event that occurred during your arrest to ensure that law enforcement followed all legal procedures properly. Additionally, they will meticulously review how the BAC testing was administered and pinpoint any possible strategies to have your case dismissed entirely.

If you or a loved one is confronting DUI charges, reach out to the Mountaineer Criminal Law Group at (304) 832-8350 to set up a consultation with our dedicated Wellsburg criminal lawyer. We are here to help you understand the confusing legal process and advise you on the best steps to take next. Our extensive expertise will help you minimize the severe consequences that could result from your case.