In West Virginia, drivers are convicted of a DUI if they possess a blood-alcohol reading of at least 0.08. Any driver under the age of 21 is convicted if they have a blood-alcohol reading of 0.02 percent. The state of West Virginia has a zero tolerance law for underage drinking. A DUI Defense Lawyer in Charleston can build a defense for individuals facing these charges now.
Failure to Provide Miranda Rights
A failure to provide Miranda Rights could present a dismissal of the charges. The driver has the right to speak to a legal representative before they submit to testing. While officers may indicate that these rights are valid, the driver may initiate their rights at any time. They aren’t refusing to submit to testing by asking for an attorney first.
Inaccurate Testing Results
Inaccurate breathalyzer tests are also possible. These devices must be maintained according to the manufacturer’s requirements. If the device wasn’t testing and maintained, it will provide an inaccurate reading. An effective defense is for the attorney to require a blood sample. This allows them to submit the sample to an alternative lab, which could present contradictory test results. It could also indicate that the reading acquired by law enforcement was inaccurate and, therefore, dismiss the case.
Lack of Probable Cause
Law enforcement officers must have probable cause to stop a driver. To prove probable cause, the driver must commit a separate moving violation, which could be speeding or reckless driving. The officer cannot stop them and charge them with a DUI unless they can prove that they had probable cause.
The Defense of Involuntary Intoxication
Involuntary intoxication is proven when the date drug, Rohynol is present in the blood. This is clear indicator that the driver didn’t become intoxicated of their own accord. It shows that they were a victim. They could also use a necessity defense if they were driving to escape their attacker.
In West Virginia, drivers will be convicted of a DUI if they drive over the legal limit. West Virginia laws indicate that the driver is giving implied consent by making the choice to drive after drinking. Individuals who are facing these charges should Contact Wagner Law Firm to hire a DUI defense lawyer in Charleston today.
