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An experienced West Virginia DWI / DUI lawyer can make the difference for you

If you were arrested for drunk driving and now face a prosecution in West Virginia, you are probably worried about the consequences of this serious criminal allegation. You don't want to do any time in jail, and you are very concerned about having your license suspended and having a criminal record. You may wonder what impact this charge will have on your family, your career and your future. If you are like most people who face a West Virginia DUI / DWI, you are probably a little intimidated by the court process, and overwhelmed by the complexity of the law.

West Virginia DUI / DWI cases are decided at the local level

Although the drunk driving law is the same throughout the state, each county handles drunk driving cases a bit differently. For that reason, it is important that you understand the local processes and procedures, and talk with an attorney with experience defending impaired driving cases in the county where you were arrested:

Select the county of your arrest to get local information and help:

You have every right to be cautious because you face a life-altering allegation. It is smart to take some time now and do your research and due diligence and make sure that you make the best decisions in your case, starting with which attorney you choose to defend you.

West Virginia DUI / DWI Laws

Under West Virginia DUI / DWI Law, it is illegal to drive a vehicle if you are under the influence of alcohol or drugs. This means, essentially, that if your ability to drive is lessened in any way because of alcohol or drugs, then you are breaking the law.

The legal limit for alcohol in West Virginia is 0.08 percent alcohol concentration. This means that if you are at or above 0.08 the state does not need to prove that you were impaired because the law presumes it to be so. It does not mean that if you are under 0.08 percent that you are safe from conviction. For people under 21 years old, the legal limit for alcohol is 0.02 percent.

West Virginia has special drunk driving laws that apply to DUI / DWI conduct resulting in death and serious injury, habitual drunk drivers, to people who knowingly permit an impaired person to drive their vehicle or the lend a vehicle to a habitual drunk who then gets a DUI / DWI arrest, and to minors under the age of 21.

West Virginia makes it a separate crime to drive under the influence of alcohol or drugs with a child under the age of 16 in the vehicle.

West Virginia DUI / DWI Punishments

The West Virginia impaired driving penalties are prescribed in ranges. The severity of the punishment, and the length of the jail sentence depend on the alcohol level. When you have an alcohol level of 0.150 or higher, the penalties go up. The severity of your punishment will also increase if you have more than one prior DUI / DWI conviction. For a first offense you are looking at up to 6 months in jail. By the time you get to your third offense, you are looking at 1 to 3 years in prison.

The length of potential license suspensions resulting from a conviction increases based on number of prior offenses and suspensions.

In addition to the criminal and driving penalties, you should also be aware of what "collateral consequences" will affect your life. For example, your travel to other countries could be prohibited or restricted. As an example, Canada makes it very difficult for US citizens with DWI convictions to enter their country. If you are not a US citizen, you could face deportation or exclusion. If you have a professional license such as a medical or dental license, a real estate license and any number of others, you may have very specific reporting requirements that you will need to meet. A West Virginia DWI conviction can also have a terrible influence on your ability to get and keep life, auto, health and disability insurance, and could result in your policies being canceled or premiums raised. A good DWI attorney will guide you through not only the criminal and civil legal aspects, but also counsel you on what to do to protect everything in your life from the reach of this ordeal.

West Virginia DWI License Suspensions and Interlock Devices

In addition to all of the above, you need to be aware that there is a civil license suspension aspect to West Virginia DUI / DWI cases. West Virginia Implied Consent Law dictates that you must submit to a chemical test if an officer asks during a DWI investigation. If you refuse, you will lose your privilege to drive unless you request a hearing and win.

If you request a hearing to challenge the suspension the judge will have to decide several things, including whether you actually refused to take the chemical test for alcohol or drugs. It is important to have an attorney represent you at this hearing and to help prepare you for the ordeal.

In certain cases, you may be required to have an ignition interlock device installed in your vehicle. This breath machine can be annoying and embarrassing. A local attorney will be able to advise you as to whether you might be required to have one after he or she learns to facts of your case and your history. Make sure any attorney you hire is well-versed in the West Virginia ignition interlock laws.

Your West Virginia DWI case may not be as bad as it looks

There is a common misconception that West Virginia drunk driving cases are hopeless, and that there is no use investigating or fighting the charges. This is a myth, and there is a lot that could result in your case being dismissed or reduced to a lesser charge. For example, did you know that chemical testing is not an exact science, and in some cases it can be grossly misleading. The process is prone to mechanical and human errors. Without an experience attorney investigating your case you may never know if there was something there that could have exonerated you.

There are many other things that can, and often do, go wrong with the State's case. For example, they might have evidence chain of custody issues, witness credibility or availability issues, or legal issues that prevent them from being able to prove that you are guilty. Without an attorney there is a greatly diminished chance of discovering any relevant issues, let alone being able to work them to your advantage.

You owe it to yourself to consult with an experienced West Virginia DUI / DWI lawyer to see whether you have a case. Most lawyers in this area offer free initial consultations, so you have nothing to lose and everything to gain. You will feel much better with the West Virginia DUI / DWI court process if you at least contact a lawyer and talk it over before making any important decisions that can change the rest of your life. There is too much at stake to bury your head and pretend that this will go away by itself, or that it's not that serious.

Select the West Virginia county of your arrest to get local information and help now: