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Whether you were darting between cars in traffic or you cut off a cop, reckless driving is enough for West Virginia police to pull you over and test your sobriety. Keep in mind that, in most cases, it is in your best interests to submit to a breathalyzer test. If you were charged with a DUI under West Virginia drunk driving laws, prepare yourself for the consequences by reading the information below.
West Virginia police use breathalyzer tests and field sobriety tests to determine whether a driver was recently drinking. West Virginia law sets the following limits to blood alcohol concentration (BAC), as measured by a breathalyzer:
Like many other states, West Virginia uses a point system which increases the penalty for repeat offenders. These are the possible penalties you face if you are a DUI offender:
Read the full text of the West Virginia Statutes for more details.
Many people think that when they’re arrested for a DUI, their best bet is to refuse a breathalyzer test. While you do have the right to refuse a breathalyzer test, you should know that West Virginia follows the implied consent rule. Like DUI convictions, refusing a breathalyzer test is punished according to a tiered system. Often, the better approach is to submit to the breathalyzer test and then challenge the results later on.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified drunk driving lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local drunk driving attorney to discuss your specific legal situation.