What happens if I am charged with a DUI and I refuse a breathalyzer test?

In West Virginia, refusing a breathalyzer test when charged with a DUI can result in harsh consequences. If an individual is pulled over by a law enforcement officer and refuses to take a breathalyzer test, they can be charged with a civil DUI. This charge is referred to as “implied consent” and it carries a potential fine of up to $500 or six months in jail, and the individual will also lose their license for six months. Additionally, the individual may receive a criminal charge for DUI with a possible jail sentence of up to a year. Furthermore, the individual will be subject to a mandatory ignition interlock device (IID) if convicted of the civil DUI. An IID is an in-car breathalyzer that requires the driver to blow into a tube in order to start the car. The device then continuously monitors the driver’s breath for alcohol and will shut the car off if alcohol is detected. It is important to note that an individual can still be charged with a DUI even if they do not take a breathalyzer test. Law enforcement officers can still use other factors, such as erratic driving and slurred speech, to charge an individual for a DUI.

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What happens if I am charged with a DUI and I refuse a breathalyzer test?

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