West Virginia Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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Multi-State
Control #:
US-02160BG
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Word; 
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Description

The purpose of the breathalyzer test is to measure a person's blood alcohol content (BAC). The Breathalyzer, which is the most commonly used BAC tester today, was invented in 1954. It detects and measures the level of alcohol on a person's breath with the use of a chemical reaction. A Breathalyzer test kit contains several vials of chemicals of differing colors that change color when they come into contact with alcohol. The color changes indicate the amount of alcohol.


Breathalyzer test results can be challenged in court; it is possible for a law enforcement officer to administer the test incorrectly. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI
  • Preview Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI

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FAQ

West Virginia DUI Laws DUI with a BAC of 0.08%-0.149%. This is the basic first offense DUI charge in West Virginia. If convicted, there is a possibility of up to 6 months of jail time and a fine of $100-$500. Aggravated DUI (BAC of 0.15% or greater).

Ing to West Virginia DUI laws, there is a 10-year look-back period for DUIs.

If you refuse blood, breath, or urine testing after your arrest, you could face license revocation. Secondary BAC tests may only be conducted with either your consent or a warrant. If you've refused, you must request a refusal hearing within 30 days of being arraigned, bonded, and released.

This also applies to first offense DUI arrests. If convicted, the mandatory sentence is a minimum of 48 hours (of which 24 must actually be served in jail) and up to 6 months in jail and a fine of $200-$1,000.

If you are charged with a first-time DUI, you can choose license suspension or drive with an ignition interlock device. Aggravated DUI charges can result in one year of license suspension or installation of an ignition interlock device for at least 315 days.

The Expungement Process Obtain a copy of your criminal record from the West Virginia State Police. ... Prepare a petition for expungement. ... File your petition with the court where your DUI conviction occurred. ... Attend a hearing. ... If the court grants your petition, your DUI conviction will be expunged from your criminal record.

One of the biggest changes to this new law will be that a citizen accused of DUI in the State of West Virginia from July 1, 2020 forward will only lose his or her driver's license, privilege to drive in WV or have any type of mandatory interlock period imposed IF he or she is actually convicted of DUI in the criminal ...

In West Virginia, if you are a non-aggravated first-time DUI offender the penalties can be up to 6 months in jail, up to $500 in fines, and license suspension or the installation of an Interlock Ignition Device.

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West Virginia Motion to Dismiss Criminal Charges for Failure to follow Breathalyzer Protocols - DUI