DUI Penalty for Implied Consent Law “Refusal to Submit to Testing”
Refusal to blow into a breath alcohol test device for a first offense DUI in WV creates the potential for a lengthier driver’s license revocation under West Virginia DUI laws than for those who agree to take the State alcohol breath test. For a “DUI refusal” of the WV implied consent test, there is minimum of 45 days “hard” license suspension versus 15 days. For the DUI refusal, a costly 12 months of ignition interlock installation must follow.
For non-aggravated DUI, only 120 days of ignition interlock applies, or 270 days on interlock for an aggravated WV DUI first offense (having a 0.15 or higher BAC level).
A SECOND offense implied consent law “refusal” in West Virginia creates a one year “hard” suspension of your WV driver’s license, followed by two years of “mandatory” interlock installation on your vehicle (provided you do not take advantage of the DUI WV interlock law and go directly on interlock for the entire 3-year period).
Under WV DUI laws, and mandatory implied consent law rules, a THIRD time “refusal to blow” within a 10-year period, for a driver with a West Virginia driver’s license, creates a one-year hard suspension followed by 3 years of mandatory interlock installation.
This is provided you do not elect to take advantage of the WV Interlock law and go directly onto interlock for the entire 4-year period. Plus, you must choose not to request a hearing on the revocation of your driver’s license, which then eliminates the risk of no license for one whole year followed by 3 years of interlock installation.
WV DUI laws are confusing if you are not an experienced DUI attorney with years of case wins. The drunk driving laws in our State change regularly, so simply pleading guilty without a lawyer brings you a lifetime of penalties and hassle. Please talk to Harley Wagner before you make any other decision about doing it on your own.
Yes, almost 90% of people arrested for DUI choose to plead guilty at their arraignment, and not even ask the court for a public defender.
Why? Because most people think they cannot afford an attorney. What they don’t take into consideration is how expensive a DUI charge can be for the rest of your life: higher car insurance rates, getting fired from your job, having to tell any new employer about your DUI conviction, and on and on…
Please talk to WV DUI lawyer Harley Wagner right away. The call is free, and Harley’s initial consultation with you is free. You will learn a lot more about what to do next to keep your license and stay out of jail. The more time Harley has to review your case before your first court date, the better chance you have at a favorable outcome.
Any information given in these web pages does not constitute legal advice or establish an attorney-client relationship with West Virginia DUI lawyer Harley Wagner or with The Wagner Law Firm. This legal web site is intended solely for marketing and advertising purposes. The information contained on this site is meant to provide you with an overview of the representation our law firm offers. Plus, Mr. Wagner tries to supply you with useful information and legal guides for your edification.
The information contained on these pages should not be used as a substitute for speaking with a DUI attorney in WV about your criminal defense issues and is not meant to comprehensively address your specific legal issues, which will be different in every case.
Much like having a medical condition, unique situations require a unique diagnosis and treatment. DUI lawyers near me have varying levels of experience in DUI defense. Therefore, always compare legal services and then consult a West Virginia attorney for legal advice regarding your specific matter.