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Blog Posts in November, 2014

  • What should I consider before taking or refusing a breath test?

    Today is the busiest travel day of the year, and with good reason. Thanksgiving is a short holiday with little time off of work, yet most of us can’t imagine spending Thanksgiving without our families. As such, we rush to make the trip in time. Because Thanksgiving often includes alcoholic drinks (at home or at a bar catching up with friends), there will likely be more law enforcement officers ...
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  • DUI charges and sentencing considerations in West Virginia

    Penalties associated with a conviction for driving under the influence vary based on a number of important factors. One of these is whether the DUI offense was charged as a misdemeanor or a felony. But how do prosecutors decide which offenses are felonies and which are misdemeanors? And what other factors could influence DUI charges in your case? In today’s post, we’ll discuss some ...
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  • West Virginia Supreme Court delivers ruling on DUI blood tests

    There are sometimes discrepancies between the three primary methods of measuring blood-alcohol concentration. Most readers are familiar with the breath test (commonly referred to as a breathalyzer), but BAC can also be measured with blood or urine tests as well. If you fail a breath test and believe that the results may have been inaccurate, West Virginia law allows you to request a blood test ...
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  • Questions of probable cause in DUI stops can be tricky

    We have previously written that drunk driving charges can often be contested based on the legitimacy of the traffic stop. A police officer needs to have probable cause in order to pull over a suspect. Police don’t necessarily need to suspect drunk driving right away, but the stop cannot be based solely on a “hunch” or “gut feeling.” Usually, the officer needs to observe erratic driving, ...
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