When a person is pulled over for suspected DUI, it is not uncommon for that individual to feel he or she must comply with everything an officer requests. There certainly is something to be said for being compliant; however, there are reasons as to why a person may not wish to take part in roadside or other DUI testing. Did you know that, according to West Virginia laws, you are allowed to refuse a Breathalyzer test?
A Breathalyzer test is one of the most widely used forms of breath testing in DUI cases. The devices are small and easy for officers to carry with them while on duty. These devices are even supposed to be easy to use, calibrate and can give accurate readings. Unfortunately, mechanical and human errors are both possible problems with these machines.
There are both risks and benefits of refusing a Breathalyzer test. To learn more about these, please visit the DUI page on our firm's website. Here you will also find information as to how an attorney can help you achieve the best possible outcome in your DUI case.
Refusing a Breathalyzer test is a very personal decision. There are arguments that can be made both for and against taking such action. Regardless of whether you choose to refuse DUI testing in West Virginia, an experienced criminal defense attorney will be able to review the facts of your case and question any evidence. This will include evaluating all aspects of the traffic stop, including whether officers followed appropriate protocols regarding testing protocols or if they failed to respect your rights to refuse sobriety testing.