West Virginia DUI law help

[payme_rick]

Any of you WV posters familiar with your DUI laws?

My friend was popped for DUI a few weeks ago leaving a bar.. He didn't blow or anything so he got a lawyer and was going to fight it..

I must say I was surprised when he text'd me about an hour ago and said "my license is suspended here for a year and I have a $500 fine"..

First off I told him he was a dumbass for pleading guilty..

He told me he didn't want to have to fight it since his job has ended up there and he'll be flying back here friday..

I called him a dumbass again..
Anyway, he then told me that his lawyer told him that it was an automatic conviction in WV if you do not BLOW.. Which leads me to the WV DUI law question: is this true?

I think my friend may want to get me off of his back for calling him out for being such a dumbass, so he made that part up.. But then again, I want to see if this really happens up there.. If so that's bullshit...

[phill4paul]

WV has implied consent laws.

http://www.transportation.wv.gov/dmv/Manuals/Documents/Drivers_Manual_2010_Web-Format_Secured.pdf

No blow. One year revocation. Automatic. Same in NC.

[payme_rick]

Yah but that's for the license, I'm talking about being convicted of DUI... I think he's bs'n me so I'll shut up ha...

I know things are screwed up in this country, but you still have to be proven guilty for a DUI, right?

[liberalnurse]

Same deal in PA. You refuse to blow or a blood test, it's automatic loss of license for one year.

[Anti Federalist]

Yah but that's for the license, I'm talking about being convicted of DUI... I think he's bs'n me so I'll shut up ha...

I know things are screwed up in this country, but you still have to be proven guilty for a DUI, right?

Of course not.

Refusing consent to a breath or blood test is considered a de facto plea of guilty.

[phill4paul]

Of course not.

Refusing consent to a breath or blood test is considered a de facto plea of guilty.

In NC at least you have the legal formality. If you do not blow then your license is suspended. Regardless of whether or not you are found guilty. Hence "implied consent" for accepting a license. Even if you had not one drop of alcohol in your system refusal to blow is still get a 1 year suspension.

In NC you give up Constitutional rights when you accept a drivers license.:rolleyes:

However, you still have to go to court for the DUI charge. They will use the fact that you refused to blow AGAINST you. Why would anyone refuse to blow unless they were guilty. Right?

So, yep, de facto guilt.

[angelatc]

Why would anyone refuse to blow unless they were guilty. Right?



This is where the good lawyer thing comes in. They (hopefully) know how to get juries past that presumption of guilt.

[phill4paul]

This is where the good lawyer thing comes in. They (hopefully) know how to get juries past that presumption of guilt.

A judge decides DUI cases. An officers word is held in higher regard than a prole.

Failure to blow + a lying cop = conviction.

Unless you want to blow a ton of money on a connected "defender."

Remember, the implied consent ruling is there to help you. If you are not guilty why not blow? It could immediately exonerate you. Notice I said COULD.

Because even if you blow then the can get you for DWI.

[Krugerrand]

Not sure if it's possible, but you should be able to demand a blood test administered by a licensed medical professional.

At least make it not profitable for them.

[angelatc]

A judge decides DUI cases. An officers word is held in higher regard than a prole.

Failure to blow + a lying cop = conviction.

Unless you want to blow a ton of money on a connected "defender."

Remember, the implied consent ruling is there to help you. If you are not guilty why not blow? It could immediately exonerate you. Notice I said COULD.

Because even if you blow then the can get you for DWI.

I don't claim to know NC law. But in Illinois and Michigan, you can request a jury trial. My husband sat on such a jury, and said jury moved to acquit the man based on the specialized skills of the defense attorney, who convinced said jury that refusal to take the test was not enough for the state to meet the burden of proof.

The prosecution and the judge were both pissed enough to come to the jury room to find out what the hell just happened, which sort of undermines your connected defender conspiracy theory.

Hence my original post.

So,based on the experience above, IMHO, failure to blow does not always equate to a conviction. That's exactly why the lawyers tell you not to take the test.

That's why it is always better to consult a lawyer than RPF.

[rich34]

Wow, I have lived in WV all my life and never new that. Of course, I've had to take the "blow" test about 3 times in my life and passed two and failed one.

[phill4paul]

I don't claim to know NC law. But in Illinois and Michigan, you can request a jury trial. My husband sat on such a jury, and said jury moved to acquit the man based on the specialized skills of the defense attorney, who convinced said jury that refusal to take the test was not enough for the state to meet the burden of proof.

The prosecution and the judge were both pissed enough to come to the jury room to find out what the hell just happened, which sort of undermines your connected defender conspiracy theory.

Hence my original post.

So,based on the experience above, IMHO, failure to blow does not always equate to a conviction. That's exactly why the lawyers tell you not to take the test.

That's why it is always better to consult a lawyer than RPF.

Just pointing out the way it is in NC. Every state has its own laws as it should be.
In NC, or at least in my county, it is known which defenders can get you out of the charge. If you have the funds.
Now if we can just get rid of Fed kick-backs to states to influence their laws.

[Zippyjuan]

Was he drinking at the bar? If he actually was drinking and driving then he was the stupid one. People are not good judges of how much they are impaired so saying "but he was fine" is no excuse. Since he pled guilty it sounds like he was. I have a friend who was partially paralized by a driver who had been drinking. He was out riding on his bicycle in a bike lane along the side of the road and was hit.

[angelatc]

Wow, I have lived in WV all my life and never new that. Of course, I've had to take the "blow" test about 3 times in my life and passed two and failed one.

Not sure if you were talking to me, but if you were - the defendant still lost his license for refusal to blow. It just so happened that it would have been his 5th conviction or something, and he was looking at serious jail time.

Plus there are (or at least there used to be) insurance advantages to not having a DUI on your record.