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Breath Test Refusal

Recent Posts in Breath Test Refusal Category

  • Can You Refuse a Breath, Blood, or Urine Test During a DUI Stop?

    In a previous blog , we discussed Field Sobriety Tests – which include the walk-and-turn, stand and balance, and Horizontal Gaze Nystagmus – and how they are important tools used by law enforcement officers to gather evidence that supports their justification to arrest and charge suspects. We also discussed how suspects have a right to refuse those tests. Whether a suspect chooses to take Field ...
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  • How does a Breathalyzer test determine one's blood alcohol level?

    A law enforcement officer may utilize different tests and pieces of equipment when trying to determine if a driver is impaired. One piece of equipment often used is a Breathalyzer. Many people in West Virginia may have heard of this device but are probably unaware of how it works. So, how does a Breathalyzer test determine one's blood alcohol level? The Breathalyzer machine is just one of many ...
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  • What happens during a DUI blood test?

    Blood tests are often utilized by authorities to determine if drivers are impaired. These are considered to be extremely accurate if completed in a timely manner and by a person who is appropriately trained to perform such procedures. This does not mean that mistakes are not made, though. So, what happens during a DUI blood test and can those accused of impaired driving in West Virginia do ...
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  • Did you know you have the right to refuse a Breathalyzer test?

    When a person is pulled over for suspected DUI, it is not uncommon for that individual to feel he or she must comply with everything an officer requests. There certainly is something to be said for being compliant; however, there are reasons as to why a person may not wish to take part in roadside or other DUI testing. Did you know that, according to West Virginia laws, you are allowed to refuse a ...
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  • What happens if I refuse a Breathalyzer test?

    In accordance with the laws of the state, West Virginia residents are well within their rights to refuse breath tests if pulled over for suspected impaired driving. It is not uncommon to wonder, though, what happens after a Breathalyzer test is refused? There are actually very specific instructions regarding what law enforcement officers are supposed to do in such situations. After a person has ...
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  • How to challenge breath tests results

    If you were pulled over for drunk driving, the officer probably asked you to take a breath tests. If you did and the results were not in your favor, you may be feeling trapped at this point. How can you avoid a DUI conviction if you blew higher than a 0.08? The answer to this may be to challenge breath test results. As we discussed in a recent posts, breath tests are not always accurate indicators ...
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  • What exactly is a Breathalyzer test and is it always accurate?

    Those in West Virginia and elsewhere, who have ever been pulled over for suspected DUI may be somewhat familiar with the different tests authorities use to test for impairment. One that is most commonly used is a Breathalyzer test. While police depend on these machines, it is important for those accused of DUI to understand that the results of such tests may not always be accurate. Before going ...
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  • Court says: DUI suspect didn't know he could refuse testing

    Under "implied consent" laws in West Virginia and most other states, suspects involved in a traffic stop are expected to submit to a breathalyzer test if asked to do so by a law enforcement officer. Most people realize that they have the right to refuse the test , but it will likely result in an automatic, one-year suspension of their driver's license. But what if you didn't know you had the right ...
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  • Sophisticated ignition interlock device plan announced by NHTSA

    We have previously written about the increased use of ignition interlock devices here in West Virginia and around the country. All 50 states have some form of IID program for motorists convicted of driving under the influence . And 25 states require the installation of an ignition interlock device even for first-time offenders. As these devices become more sophisticated and less expensive, some ...
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  • Why owning a personal breathalyzer may be a good idea: Part II

    In our post last week, we began a discussion about the potential benefits of owning a personal breathalyzer device. While a reading from your own device could not be used in court to defend against drunk driving charges, using the device before getting behind the wheel could prevent a DUI traffic stop in the first place. Breath-testing devices (commonly called breathalyzers), were once very ...
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  • Why owning a personal breathalyzer may be a good idea: Part I

    Every year, each of us seems to get one or two Christmas presents that we plan to exchange or return. Some people take care of this post-holiday task right away. But others let that unwanted sweater sit on top of their dresser for six months before giving up on returning it. Perhaps you should exchange that gift for something you could actually use but might not otherwise think to buy: A personal ...
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  • 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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  • 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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