If you are reading this, chances are you or someone you care about has been arrested for a felony DUI charge in West Virginia. You may feel confused, scared, and unsure of what will happen next. These feelings are completely normal. Facing a felony DUI can be overwhelming, and the process might seem difficult to understand. But you do not have to go through this alone. We understand what you are facing, and we are here to guide you through it. One of the most important parts of your case may be the result of your breathalyzer test. Understanding what that means and how it can affect your case is the first step in helping you feel more in control of what lies ahead.
Understanding What a Breathalyzer Test Is
A breathalyzer is a small machine that measures how much alcohol is in a person’s breath. Police use it when they think someone may be driving under the influence of alcohol. The test is quick and simple. You blow into a mouthpiece, and the machine shows a number that tells how much alcohol is in your body. That number is called your blood alcohol concentration, or BAC. In West Virginia, the legal limit is 0.08 percent for most drivers. If your BAC is higher than that, it means the law sees you as being too drunk to drive safely.
When a DUI Becomes a Felony
Most DUI charges are misdemeanors. But in some cases, a DUI can become a felony. In West Virginia, a DUI becomes a felony if it is your third DUI offense within ten years. It can also become a felony if someone was badly hurt or killed because of your driving. Felony DUI charges are very serious. They can lead to years in prison, big fines, and a loss of your driver’s license for a long time. This is why it is so important to know how breathalyzer results can affect your case.
Harley Wagner
Defending West Virginia Residents for over 24 Years
How the Breathalyzer Test Is Used in Court
Breathalyzer results are one of the main tools the police and prosecutors use to try to prove that you were driving drunk. They often use the BAC number from the test as proof that you broke the law. If the number is over 0.08 percent, they will argue that you were impaired. If your BAC was very high, the prosecutor might use that to show the court that you were highly intoxicated and a danger to others. This can make the judge more likely to hand down a harsher sentence.
Why Breathalyzer Results May Not Always Be Right
Even though breathalyzer machines are supposed to be accurate, they can sometimes give false readings. There are many things that can go wrong. The machine might not have been properly maintained. It might not have been calibrated the right way. The police officer might not have followed the correct steps when giving the test. There could also be other reasons for a high reading, like a medical condition or something you ate or drank. If something went wrong with the test, it might not be fair to use the results against you in court.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
Ways to Challenge Breathalyzer Test Results
Just because the police say your BAC was too high does not mean you are automatically guilty. There are ways to fight back. A good lawyer can look into how the breath test was done. They can check to see if the machine was working properly. They can also find out if the officer followed all the right steps. If any mistakes were made, they can bring that up in court. In some cases, it may be possible to get the test results thrown out. If that happens, the prosecutor’s case becomes weaker, and that can lead to a better outcome for you.
What Happens If the Results Stay in the Case
Even if the breathalyzer test results are allowed in court, that does not mean you will be found guilty. Your lawyer can still help by building a strong defense. They can show that you were not driving dangerously. They can explain that you were in control of your car. They might be able to negotiate with the prosecutor for a lesser charge or lighter sentence. Every case is different, and having someone who knows how to handle these kinds of situations is very important.
The Impact Breathalyzer Results Can Have on Sentencing
In felony DUI cases, judges often look at breathalyzer results when deciding what kind of sentence to give. A very high BAC can lead to more jail time or longer license suspension. On the other hand, if your BAC was just over the legal limit, your lawyer might use that to ask for a lighter sentence. Sometimes, a lower BAC can be a key point in arguing for probation or treatment programs instead of jail time. Knowing how to use the breathalyzer results to your benefit can make a big difference in the outcome of your case.
Case Results
What You Should Do After a Felony DUI Arrest
The most important thing you can do after a DUI arrest is to act quickly. Do not wait and hope the problem goes away. Talk to a lawyer right away. The sooner you do, the better your chances are of building a strong case. A lawyer can request the breathalyzer records, look at the police reports, and start working on a plan to protect your rights. This is a critical time, and having someone by your side can make all the difference.
Helping You Feel Heard and Understood
Going through a felony DUI case is not just about the law. It is also about your life, your family, your job, and your future. We know that this is a hard time, and we treat every client with care and respect. You deserve to have someone who listens to you, understands your fears, and fights for you. You are not just a case number. You are a person who deserves a second chance.
Let Us Help You Take the Next Step
If you are facing a felony DUI charge and breathalyzer results are part of your case, you do not have to face this alone. Your future is too important to leave to chance. The Wagner Law Firm has helped many people in West Virginia who were in your shoes. We know how to look closely at breathalyzer evidence, find weak spots in the case, and fight for the best outcome. We are ready to help you get through this with strength and support. Call us today to talk about your case and find out how we can help you move forward with confidence.