Tips For West Virginia Drivers Being Investigated for DUI

• The U.S. Constitution guarantees you the right to remain silent at all phases of a criminal investigation - Use this right and politely decline to answer any questions you may be asked by the officer. If requested, you should provide your drivers license, vehicle registration, and proof of insurance.



• Politely decline to perform any field sobriety tests such as standing on one leg, walking heel to toe in a straight line, etc. These tests are highly subjective and can be failed by sober individuals. They may also not be reliable for use with elderly suspects, suspects more than fifty pounds overweight, or suspects with physical disabilities or injuries.



• You may refuse to submit to a hand held breath test at the roadside. There is no penalty for such a refusal no matter what you may be told. (There is a drivers license penalty for refusing the police breath test at the station or other booking facility - check out the FAQs section for more detail).



• Exercise your right to speak privately with an attorney. The police must give you this opportunity. Call TOLL-FREE, (866)MY-WV-DUI. If you do not get an answer, select the option which will send an emergency page to an attorney and leave a message with a number where you can be reached.



• After providing a breath sample for the police at their station or booking facility, insist on both (a) a blood test at a hospital, and (b) a second breath test at a different police station or testing facility. Request that any samples given be preserved for future use. Offer to pay for both tests using your own money, credit card, ATM card, etc.



• Assume that every word you speak is being recorded - it probably is! Don't get impatient and speak to anyone until you have had a chance to talk to a lawyer.