CHARLESTON, W.Va. — A Charleston attorney who represents a lot of people charged with DUI is hailing a recent state Supreme Court decision. The court’s opinion clearly said a driver facing a charge of DUI has the right to a blood test, even if they cannot afford one, but must make that request directly to the arresting police officer.
Attorney David Pence of the firm Zerbe and Pence said he always recommends anybody accused of DUI request and undergo a blood test soon after they are arrested. The test may reveal facts which will sink your case, but it may also be the evidence which exonerates you.
“At least we know,” said Pence. “It removes any speculation or any guessing.”
The case stemmed from a woman arrested in Nitro who claimed she had asked for a blood test on two occasions following her arrest. However, one of the references was made in a phone conversation with her daughter which she assumed the officer overheard and the other was a direct request from a guard at the Western Regional Jail. When the Supreme Court considered the circumstances the justices concluded the best person to ask for the test is the officer who charged you.
“A request for a blood test to jail personnel or a third party is insufficient,” said Pence. “For an individual wanting a blood test, to avail themselves of that statutory right, they must make that request to the law enforcement officer who is making the arrest.”