DUI Rights Help in West Virginia – West Virginia DUI Laws
When it comes to driving drunk, all cities in West Virginia follow the same laws and have the same penalties for those who are found guilty. Regardless if the arrest occurs in Charleston, Morgantown, Huntingdon, Wheeling, or anywhere else in the state, the consequences can have a profound impact on an individual’s personal, professional, and financial life. Because of this, it is important to start fighting these charges as soon as possible and the professionals at DUIRights.com can help.
Penalties for Refusing a Chemical Test in West Virginia
The state of West Virginia enforces what is known as an implied consent law. This means if the individual refuses to complete a chemical test to prove their Blood Alcohol Content (BAC) level they will be faced with an automatic fine and automatic license suspension. The fines and license suspension period will vary depending on the individual’s previous offenses within the last 10 years:
- First DUI Offense – 1 Year License Suspension (or a 45 day suspension with an additional 1 year using an Ignition Interlock Device (IID))
- Second DUI Offense – 5 to 10 Year License Suspension
- Third Offense – Lifetime License Suspension
Why DUI Rights Will Be Important for Your Case
After being charged with Driving Under the Influence, it is important for the accused to seek the legal help of a knowledgeable DUI attorney. The state of West Virginia does allow plea bargaining for DUI charges, and the best way for an individual to arrange one of these deals is by using an attorney to help them. State prosecutors are much more willing to plea bargain when they know their case against the accused is not strong – one way to prove this is to prove that the individual’s rights were violated.
A good DUI lawyer will want to know everything about their client’s DUI traffic stop and arrest. By knowing the ins and outs of what happened, they are easily able to identify if the client’s rights were violated in any way. One way they will get the information they need to make a strong defense case is by asking the client a series of questions, which will include some if not all the following information:
- Was the car being driven when the traffic stop occurred?
- What reason was given for the traffic stop?
- Were any field sobriety tests administered during the traffic stop?
- Was a Breathalyzer test administered during the traffic stop? How long after the client’s last drink was this test given?
- Did the client have their Miranda Rights recited to them?
Protect your rights and learn how to get your West Virginia DUI charges dismissed. Get Started Now by filling out the Free DUI Arrest Evaluation Form to get the answers you need.
No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed.
If you rely soley on a public defender to help you, your chances will be limited in preserving financial security and effectively winning your case. With our help, we will show you the easy to understand steps needed to get your West Virginia DUI charges dismissed effectively and take back the control of your situation by being equipped with the real information and attorney you need to win your case.
DUI Laws in West Virginia
West Virginia, like many other states, takes drinking and driving very seriously. First time DUI offenders face harsh penalties that become more severe for second and third time offenders. The best course of action is to not drink and drive in this or any state because doing so causes the individual to risk the security of their finances, freedom, and future for many years.
Consequences for Refusing to Take Chemical Tests
West Virginia has very serious consequences for those individuals refusing a chemical test when arrested for DUI. Those who refuse these tests are subject to fines and immediate license suspension:
- First offense – 1-Year License Suspension or 45 Day License Suspension with Additional 1 Year of Use of an Ignition Interlock Device
- Second offense – 5 to 10-Year License Suspension
- Third offense – Lifetime License Suspension
Challenging BAC Levels in Court
West Virginia, depending on the jurisdiction the offender is arrested in, either has a maximum BAC (Blood Alcohol Content) or Zero Tolerance policy for minors pulled over for DUI:
- Drivers that are under the age of 21, .02 percent or 0.0 percent (Zero Tolerance)
- Drivers 21 years of age and older, .08 percent
- Commercial Drivers, .04 percent
Is There Mandatory Jail Time Required for a DUI in West Virginia?
Unlike some other states, West Virginia does not have a minimum jail time requirement for first time DUI offenders:
- First offense – Up to 6 months in jail
- Second offense – 6 to 12 months in jail
- Third offense – 1 to 3 years in jail
West Virginia currently has a 10-year lookback or “washout” period.
Monetary Fines and Penalties for DUI in West Virginia
In addition to possible jail time, first time DUI offender in West Virginia will face minimum fines:
- First offense – minimum fine of $100, maximum of $1,000
- Second offense – minimum fine of $1,000, maximum of $3,000
- Third offense – minimum fine of $3,000, maximum of $5,000
License Suspension for DUI in West Virginia
West Virginia’s license suspension periods are rather short compared to some other states, even for repeat offenders:
- First offense – 15 to 45-day licenses suspension
- Second offense – 1-year license suspension
- Third offense – 1-year license suspension
Having to use an Ignition Interlock Device (IID) is possible for first time offenders and is mandatory for repeat offenders.
Finding a DUI Lawyer in West Virginia
While the penalties for DUI in West Virginia may not be as harsh as other states, the consequences of this type of conviction can have a negative impact on the offender’s future. This is why it is so important to seek experienced legal counsel if you are being charged for DUI, whether it is your first offense or you are a repeat offender. There is the possibility, with the help of a knowledgeable attorney, to have a DUI charge reduced to something less serious, such as reckless driving or wet reckless. For more information or to find a local DUI attorney, please fill out the Free DUI Arrest Evaluation Form today!