Answer:
In West Virginia, the police can test you for a DUI at any point along the way. In order to be admissible in a court of law, assuming everything was done correctly, that a DUI attorney knows what to look for, it’s going to be within two hours of your arrest in order to be admissible as prima facie evidence that you were under the influence.
In West Virginia, the police can test you for a DUI at any point along the way. In order to be admissible in a court of law, assuming everything was done correctly, that a DUI attorney knows what to look for, it’s going to be within two hours of your arrest in order to be admissible as prima facie evidence that you were under the influence.
Meaning, if I arrest you, I take you to the station, I blow you on the machine, it shoots out a number higher than . 08, the legal limit in all 50 states, and I do that within two hours, then you are presumed under law to be intoxicated, under the influence.
We like to call it impaired now, these little light terms. It means drunk.
But if it’s outside the two-hour window, now there’s a whole different legal argument. That’s why it’s important you have an experienced DUI attorney on your side that knows about all of these issues and what to look for.
Give us a call if you need help. We’re here, and we would like