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DUI concept - blog 4

Defense for DUI/DWI in West Virginia

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Bailey Legal Services, PLLC, Advocates for You After a DUI Charge

Do you need defense for DUI/DWI in West Virginia? Bailey Legal Services, PLLC, will discuss what constitutes a DUI defense in this month’s blog. Getting arrested and charged with a crime is never easy for anyone. DUI/DWI comes with serious consequences, such jail time, fines, and a suspended license.

 

However, there are times when a legal defense for your actions is available. This is why you should hire one of our trusted lawyers to advocate for you in the process. Here’s a closer look at some of the most common defenses that we can argue.

 

 

The Police Illegally Stopped You

Police officers, whether you commit a speeding violation or run a stop sign, must have probable cause. They must have a reasonable suspicion that the driver broke the law based on behavior. The same also applies when there is reasonable suspicion to believe that a crime may have occurred. If none of the above applies, this can get your charge thrown out.

 

 

The Police Didn’t Properly Administer Your Field Sobriety Test

There is a process that police officers must follow before they give you a field sobriety test. Walk and turn, one-leg stand, and horizontal-gaze nystagmus are the three standard tests that the NHTSA uses. You do have the right to refuse these tests. However, law enforcement can use that against you in court. Not taking the test doesn’t prevent an arrest.

 

 

The Breath Test Result is Not Reliable or is Inadmissible

If there are reasonable questions surrounding your test or it is inadmissible, prosecutors can’t use it. Officers have to inform you about what could happen if you refuse to take one. The initial test that you take is not admissible in court. Your second test to check if you were under the influence is, no matter the method. This includes breath, blood or urine.

Do you need quality help with defense for DUI/DWI charges? Call the skilled lawyers at Bailey Legal Services at (304) 736-0801. Follow us on Facebook for more great information. We are ready to discuss a proper defense for DUI/DWI charges in West Virginia.