West Virginia Class E Knowledge Test Practice
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Passing target: 80% (24/30)
A police officer arrests a driver for DUI and asks the driver to take the designated secondary breath test. The driver refuses. What happens to the driver's license?
Correct answer: It is revoked for the refusal; repeat refusals can mean revocation for life.
Why
By driving in West Virginia, you are considered to have agreed to a chemical test for alcohol or drugs if you are lawfully arrested for DUI (implied consent). The officer must warn you that a refusal leads to revocation. For a first refusal the revocation is one year, or 45 days followed by one year in the Test and Lock (ignition interlock) program; a second refusal brings 10 years, and a third brings revocation for life. This revocation is separate from any penalty for the DUI itself.
Verified against West Virginia Driver's Licensing Handbook · Implied Consent and the Chemical Test · p. 32, 10
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