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West Virginia Proposes Automatic Revocation Law for DUIs

Currently, West Virginians do not need to fear losing their license if they refuse to take a blood or breath test when suspected of a DUI. This is a law that has been enforced in a variety of states. Now, the small state is considering jumping on the bandwagon. According to The Intelligence Wheeling News-Register, legislation was debate don Tuesday about a bill that would allow West Virginia law enforcement to take away a driver's license if he or she refuses to take a blood or breath test.

This is regardless of the fact of whether or not driver is actually guilty of a DUI. The Governor, Earl Ray Romblin, introduced the bill because he believes that West Virginia needs to pay more attention to the problem of drugged driving. In many states this is becoming an even bigger issue than drunk driving is. The new legislation suggests that drivers would be punished if they did not submit to drug and alcohol test when they were pulled over. The bill also lays out a specific protocol for testing and suggests that there are some banned substances which would result in an immediate arrest.

Under the state's current law, all drivers must submit to the initials blood or breath tests for alcohol. If they are arrested, then they need to submit to a chemical test which can be taken using either the breath, urine, or blood. Drivers can refuse to take an initial blood test and they will not be punished, but they can have their licensed revoked if they refuse to take a breath or urine test at this time. This new law claims that blood tests must also be enforced because this method can detect compounds in the body that the other two tests cannot. The bill also would extend the amount of time that police can hold a suspect before administering the second test. Currently, a DUI suspect can only be held for two hours before the second chemical test is administered. Under the new law, all suspects could be held for size.

Some lawmakers in West Virginia believe that the bill could bring unintended consequences. For example, one delegate said that she believes that if blood tests were required an elderly individual on medication could possibly be charged with a DUI. This is because some prescription medications will produce levels on a blood test that won't show up in either of the other chemical test options. Still, many police believe that the new law could be very helpful in helping them to detect offenders. While the bill was violently debated in the legislature, it has not yet been decided on. If you have been injured in a drunk driving accident, you have the right to seek compensation. Should this bill pass, it may be a benefit to you as it will be easier for you to prove that your offender was under the influence of drugs or alcohol. Contact a West Virginia personal injury attorney for more information.

Category: Car Accidents

Charleston, WV

Mani Ellis & Layne, PLLC
10 Hale St Suite 501
Charleston, WV 25301
Phone: (304) 720-1000

Columbus, OH

Mani Ellis & Layne, PLLC
20 E Broad St Suite 1000
Columbus, OH 43215
Phone: (614) 587-8423