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In West Virginia, you have
30 days to act!

In West Virginia, you only have 30 days for your attorney to request a hearing to contest your license suspension. Failure to do so will result in an automatic suspension with no further recourse available

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Information on DUI in West Virginia

An arrest is not a conviction. Your case CAN be won.

An arrest for DUI is certainly not a conviction.  But it is a serious criminal charge which should be cause for concern.  If you are facing a DUI, you probably are embarrassed, confused and stressed beyond belief now that reality has struck.  A conviction for DUI in West Virginia can bring severe fines, loss of your license, mandatory alcohol assessments, ignition interlock devices, and jail time.  Most would say you have a right to be stressed.  The laws in the state are strict and are aggressively enforced.  It is imperative that you contact an experienced DUI lawyer right away to help with your case.  The sooner you find an attorney, the more time there will be to prepare for your defense.  You can get all your questions answered with a free consultation once you make the call.  Time is of the essence.

In recent years public awareness of the dangers of drunk driving has increased measurably, largely in part to the work of groups like MADD.  And because of this, legislators find it popular to pass more laws related to drunk driving.  The result is that the laws present a complex web of legality that is best understood by a professional.  Related to the abundance of newer laws across the nation, the defense of DUI has evolved into a specialty area of practice, as recognized by the American Bar Association.  

The law in West Virginia states that it is illegal to drive with a BAC (blood alcohol concentration) of .08 or higher.  You will be arrested.  Note that this charge has nothing to do with your driving ability, so theoretically you could be a block from home, stopped for a missing tail light, asked to blow a breath test and fail it, even you weren’t driving erratically.  The other way you can be charged is if you are driving under the influence to a degree that your driving is impaired.  This is a subjective call by the arresting officer and will be bolstered by field sobriety tests and observations of your driving, your demeanor and even blood shot eyes.  This type of case does not require a breath test to trigger an arrest.  You will be handcuffed and driven to the police station or jail where you’ll be fingerprinted, photographed and booked.  If you are like most, this may be the first time you’ve ever been inside a jail and it can be a frightening experience.  It is urgent that you contact an attorney immediately.  Don’t take a chance with your freedom.  A DUI conviction stays on your record forever.  Contact an attorney with experience in West Virginia DUI for a free consultation regarding your case.

WEST VIRGINIA is a member of the
INTERSTATE DRIVER'S LICENSE COMPACT

If you are arrested outside your home state, be sure to ask your attorney how this law will impact you.

The penalties listed below are called for by statute, are not complete, and can often be removed or reduced significantly with the assistance of a local West Virginia DUI attorney.

FIRST OFFENSE
• Incarceration –up to 6 months jail
• Fines – up to $1.000 plus court costs
• License Suspension – minimum 6 months plus reinstatement  fee
• Education – alcohol assessment at your expense
• Insurance – SR22 high-risk driver insurance required for 3 years; necessary before license reinstatement
• Ignition Interlock – possibly available as part of minimum suspension; required minimum of 125 days 

ADDITIONAL COSTS AND CONSEQUENCES
• Bail – set by the court, required for release
• Towing – tow fee $75 to $100 plus additional fee for daily storage
• Insurance – you will be designated as a high risk driver and your insurance will increase significantly.  Expect your rates to double or more.
• Record – DUI conviction will remain on driving record permanently
• Employment – offender may lose time off work and possibly even their job.
• Immigration and travel – restrictions can apply with certain convictions

Additional offenses and considerations will bring significantly higher penalties including up to 3 years in jail and $5,000 in fines.  Don’t take a chance with your freedom.  It is highly recommended that you contact a qualified DUI attorney right away for a FREE CONSULTATION on your case.  Your case CAN be won with the right representation.

West Virginia Counties


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