West Virginia DUI Attorney

By: Michael Tasner

West Virginia DUI Law

Driving under the influence of alcohol and drugs is against the laws of the state of West Virginia. This type of offense is a crime, meaning that you can be charged and taken to court to face the charges. If you are convicted of these charges, you will face penalties that include fines and jail time. Having a DUI conviction on your record may make it difficult for you to maintain employment, attend school, or get to other necessary locations. Because the penalties for a DUI conviction in West Virginia can be severe, you should contact a skilled West Virginia DUI attorney immediately after your arrest for a DUI offense. A skilled West Virginia DUI lawyer can give you the best chance of being successful in your case and can help to minimize the penalties imposed if you are convicted.

West Virginia DUI Arrests and Prosecution

There are several circumstances under which you may be arrested for DUI. One is if you have dangerous driving patterns that pose a threat to others and you are stopped by a law enforcement official. Another way to be arrested for DUI is if you cause an accident and the officer believes alcohol was a factor in the accident. No matter why you were arrested for DUI, you will be facing serious criminal and administrative penalties. West Virginia is one of the states where a DUI arrest will trigger two separate cases against you as a defendant. One is a criminal court case where you will face criminal charges for driving while intoxicated and a prosecutor will try to prove your guilt. The second is an administrative case that deals with the loss of your driving privileges in the state of West Virginia. When you are arrested for a DUI offense, you can be prosecuted under one of two prosecution theories. One of the theories involves the common law definition of driving under the influence. In this type of case, the prosecutor will try to show that you were too impaired to drive because you consumed alcohol prior to operating your vehicle. The prosecutor will try to show that you were impaired by introducing evidence such as your driving habits, field sobriety test results, and information whether you appeared to be intoxicated. DUI charges can also result from submitting to chemical testing and producing a result of 0.08% or greater. In this type of case, the charges do not have to do with your ability to safely operate the vehicle. Even if you do not appear impaired at the time of your arrest, you can be charged with DUI if your chemical test reveals a failing result.

West Virginia is one of the states in the U.S. that also has implied consent laws. This means that by using the roadways in the state of Virginia, you are implying your consent to submit to chemical testing if requested to do so by a law enforcement officer. If you choose to refuse this testing even when you are informed of the possible consequences, you can face a suspension or permanent revocation of your driving privileges. If you refuse testing and get a license suspension, you will not be able to get any type of work permit that can help you to get to work and other necessary locations. If you have had a prior DUI offense in West Virginia, there is a look-back period of ten years. If your prior offense occurred more than ten years before your most recent offense, you will be charged with a first offense. If the prior offense occurred less than ten years before the most recent offense, you will be charged with a second or subsequent offense.

West Virginia DUI Criminal Penalties

There are penalties associated with a conviction for driving under the influence in West Virginia. These penalties increase with each subsequent offense you are convicted of and may also depend on other circumstances in your case. A first offense results in a minimum of 24 hours of jail time, a maximum of 6 months of jail time, and fines of $100 to $500 with court costs and fees. A second offense will result in a minimum of 6 months of jail time, a maximum of one year of jail time, and fines of $1,000 to $3,000 with court costs and fees. A third offense results in a minimum of one year and a maximum of 3 years in jail and fines of $3,000 to $5,000 with court costs and fees. Because these penalties are so severe, it is important that you have a West Virginia DUI lawyer to represent you in a DUI case. An experienced DUI attorney understands this specialized area of the law and understands how to develop a strategy that can give you the best shot of winning your case. The attorney may have access to expert witnesses and other information that an attorney who does not specialize in DUI may not have. This can give you a real advantage in your criminal and administrative cases.

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