West Virginia DUI / DWI Chemical Testing For Alcohol and Drugs

West Virginia DUI / DWI Breath and Blood Testing procedure:

The initial test is always a breath test. If the officer believes this test shows that the driver was committing a DUI offense, the officer will arrest the driver and require a second test. The police department who employs the officer who requests the second test has the choice of which test will be given. Any police officer who has been trained to use a breath testing device may test a driver's breath. Only certified medical personnel may test a driver's blood, but may do so at the request of police officers.

Interpretation of Tests In WV Drunk Driving Cases:

If a chemical test shows that a driver had a BAC of less than 0.05, it is prima facie evidence that the driver was not intoxicated. If a chemical test shows that a driver had a BAC of at least 0.08, it is prima facie evidence that the driver was intoxicated. "Prima facie evidence" means that if no other evidence that contradicts the test result is presented, the test result will be considered true. If some other evidence that contradicts the test result is presented, the judge or jury will consider all the evidence and make a decision.

DUI / DWI Chemical Testing Types Used In West Virginia:

West Virginia uses the EC/IR II breath testing device manufactured by Intoximeters, Inc. in all 55 counties. This is primarily a fuel cell device which uses the electrical charge generated by the alcohol in a breath sample when it comes in contact with the fuel cell (which is structurally similar to a battery) to determine the concentration of alcohol in the driver's lungs. The device tests the same sample twice and informs the operator whether the two results were within 0.02 of one another.