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I Have Been Arrested for DUI – Now What?

An arrest for driving under the influence in West Virginia can trigger a confusing and complicated series of events that often results in more questions than answers. Most drivers are arraigned by video and released within 24 hours of their arrest. At the arraignment, the Magistrate typically informs drivers of their many rights, including the right to a jury trial and the right to secure counsel. Once released from jail, the question becomes – what next? In a nutshell, a driver arrested for DUI in West Virginia has twenty days to request a jury trial in writing at the magistrate court. Likewise, the deadline for requesting entry into the Deferral Program is only thirty days post-arrest. These are just a few of the many deadlines which typically come and go long before the first court date. Moreover, a driver can expect a certified letter from the West Virginia Division of

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Should I Refuse a Breath Test During a DUI Arrest?

I am often asked whether refusing to provide a breath sample during a DUI investigation is a good idea. In answering this question, it is important to distinguish between the preliminary breath test and the secondary breath test in West Virginia. Both tests carry different evidentiary value in a court of law and can have a significant impact on the outcome of your case in West Virginia. The preliminary breath test is the breath test administered on the roadside by an investigating officer using a hand held device. The result of that test cannot be used for enhancement purposes. Also, refusing that test in West Virginia does not trigger an administrative license revocation. Unlike the preliminary breath test, the secondary breath test is administered at the police station using a larger, stationary machine which requires the input of a driver’s information prior to testing. This device is often referred to

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