Category Archives: Breathalyzer Test

Does Cold Weather Affect DUI Breath Tests in West Virginia?

A driver takes a roadside breath test beside a vehicle on a snowy West Virginia roadway.

Cold weather can matter in a West Virginia DUI breath-test case, but low temperatures do not automatically make a breath result inaccurate or unusable. What matters is whether the conditions affected the specific device, the breath sample, the testing procedure, or other evidence gathered during the stop. If you were arrested for DUI during freezing […]

Can Acid Reflux Affect a DUI Breath Test in West Virginia?

A West Virginia driver provides a roadside breath sample while speaking calmly with a police officer near a mountain roadway.

Summary Yes. Acid reflux or gastroesophageal reflux disease, commonly called GERD, can become relevant to a West Virginia DUI breath test if reflux, regurgitation, belching, vomiting, or a similar event brings alcohol from the stomach or esophagus into the mouth shortly before a breath sample. Alcohol in the mouth can create a mouth-alcohol issue that […]

What Happens If You Refuse a Breath Test During a Summer Traffic Stop in West Virginia?

What Happens If You Refuse a Breath Test During a Summer Traffic Stop in West Virginia?

Refusing a breath test during a traffic stop in West Virginia can trigger immediate administrative penalties, including license suspension, and it can also influence how a DUI case develops in court. The Wagner Law Firm regularly assists drivers who face these situations, especially during high-enforcement periods like summer travel months when roadside stops increase and […]

Breathalyzer Tests and Felony DUI Cases in West Virginia

Breathalyzer Tests and Felony DUI Cases in West Virginia

Driving under the influence (DUI) is a serious offense in West Virginia, with consequences that can have a lasting impact on an individual’s life. Understanding the role of Breathalyzer tests and the gravity of felony DUI cases is crucial for anyone facing these charges. At The Wagner Law Firm, we are committed to helping those […]

Understanding Field Sobriety Tests

Understanding Field Sobriety Tests

Field sobriety tests are standard procedures used by law enforcement officers to determine whether a driver is impaired by alcohol or drugs. These tests are typically administered during a traffic stop when an officer suspects that a driver is under the influence. The most commonly used field sobriety tests include the Horizontal Gaze Nystagmus test, […]

Understanding the Accuracy and Reliability of Field Sobriety Tests

Understanding the Accuracy and Reliability of Field Sobriety Tests

Field sobriety tests are a critical component in law enforcement’s efforts to curb impaired driving. These tests are designed to assess a driver’s physical and cognitive abilities to determine if they are operating a vehicle under the influence of alcohol or drugs. However, the accuracy and reliability of these tests have been subjects of considerable […]