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Blog Posts in October, 2014

  • On Halloween weekend, increased DUI enforcement likely in effect

    Halloween is being celebrated this weekend. For kids across West Virginia, Friday night will be their chance to don costumes, head out into their neighborhoods and collect candy. But kids aren’t the only ones having fun this weekend. Many adults like Halloween, too, and the costume parties they throw often come with plenty of alcohol. If you plan on attending some grown-up Halloween celebrations ...
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  • Implied consent laws: What do they have to do with breathalyzers?

    In our post last week, we mentioned what are called “implied consent” laws. You have probably heard that term before but may be unsure of what it means. Today, we’ll talk about what these laws are and why you will probably lose your driver’s license if you are pulled over for drunk driving and refuse to submit to a breathalyzer test. Like all states, West Virginia has an implied consent ...
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  • No DUI blood test without a warrant, appellate court rules

    The Constitution’s Fourth Amendment protects Americans from unreasonable searches and seizures by law enforcement. Courts have long held that a person has the greatest expectation of Fourth Amendment protection in his home. As such, it stands to reason that a person’s body should be considered even more sacred than his home and entitled to the greatest protection. When an individual is ...
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  • Court rules for DUI defendant not allowed to challenge test results

    Say that you are pulled over by an officer who suspects drunk driving. After field sobriety tests, the officer administers a breath-alcohol test (commonly called a breathalyzer). The results show that you are over the legal limit, but you strongly suspect that the device gave an inaccurate reading. Now imagine that prosecutors are charging you with driving under the influence . You want to defend ...
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  • DUI traffic stops and your Fourth Amendment rights

    We have previously written that drunk driving charges can be challenged if evidence may have been tainted, tests may have been administered incorrectly or the traffic stop was not legitimate. Today, we’ll discuss traffic stops in greater detail. Most people don’t realize it, but an illegitimate traffic stop may be a violation of their Fourth Amendment rights. The Constitution’s Fourth ...
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