Answer:
There are all types of defenses to a DUI, and not just in West Virginia, but just in general, as your common sense might tell you, because there are a lot of things that can mimic intoxication that truly are not intoxication.
There are all types of defenses to a DUI, and not just in West Virginia, but just in general, as your common sense might tell you, because there are a lot of things that can mimic intoxication that truly are not intoxication. Diabetes, anxiety is a big one, where they’re, say, alleged to have refused the breath machine, and they’re trying to take away their driver’s license for an extended period of time.
In West Virginia, that’s a whole separate issue. If you’re lawfully arrested and you refuse to take the breath machine, you can have a harsher license consequence, meaning the blow and go in your car for a longer period.
I’ve had numerous occasions where I had a client that had a panic attack. They weren’t refusing.
They just could not compile enough breath air for the device to read. An experienced DUI attorney’s going to be able to properly present these