Lack of familiarity with West Virginia DUI laws can be devastating if you make the wrong decisions when being arrested, and in selecting your criminal defense lawyer. The problems and loss of driving privileges can increase after a West Virginia DUI is pending against you.
Your best advice for a driving under the influence cases in West Virginia is to hire a criminal defense attorney who is a DUI specialist. Fewer than 1 in 100 West Virginia attorneys are DUI attorneys who are a specialist in drunk driving defense.
Even a smaller percentage of all WV lawyers have written a book on their legal practice area. Drunk driving and drugged driving cases, felony or misdemeanor, are all that Super Lawyer Harley Wagner does. Plus, he covers the entire state of West Virginia.
West Virginia DUI lawyer Harley O. Wagner limits his criminal practice to drunk driving defense.
The Wagner Law Firm has provided this comprehensive information on West Virginia DUI laws for you to consider, to assist you in making decisions about what to do if pulled over and suspected of drunken driving, and (if arrested) about your WV DUI attorney hiring decision.
Don’t Let a DUI in WV Ruin Your Career and Impact Your Family
The various types of DUI first offense charges in West Virginia above also carry varying criminal court penalties as well, many of which carry mandatory jail time at the county jail or state penitentiary time (if convicted) of a felony DUI.
For example, under West Virginia laws, an aggravated DUI WV — for a DUI first offense — is triggered by a high breath alcohol test or blood alcohol test result on your implied consent test (0.15 grams percent or greater).
A conviction for a WV DUI first offense, if an aggravated DUI in WV, requires a mandatory minimum 48-hour county jail sentence under our WV DUI laws. A full 24 hours of that jail sentence has to be served in all cases.
You Must File an Immediate Administrative License Appeal With WV DMV
Any top-rated West Virginia DUI lawyer will tell any person charged with a DUI in WV to take care of the administrative license appeal to West Virginia DMV immediately, so that you don’t miss the filing deadline. Missing a filing deadline can have dire consequences on your ability to drive, under West Virginia DUI laws relating to a possible loss of ALL driving privileges.
The best legal advice is to hire a DUI specialist to handle all aspects of GUIDING the path of your DUI through your West Virginia prosecution, on both protecting your driving privileges and trying to get your DUI reduced to reckless driving or some lesser criminal offense.
If a Driver’s License Suspension or Revocation Is Imposed, DUI School Is Mandated to Regain Your Driver’s License
If your license is suspended in WV due to a DUI charge, you will be required to enroll and complete the DUI Alcohol Safety Treatment Program (a.k.a. DUI classes), the length of which varies depending on the type of DUI charge you face. The minimum period required is 18 hours (Level I), which comes with a first-offense non-aggravated charge (BAC < .15).
Any of the other types of DUI charges means more DUI classes being required.
There are program providers throughout the state of West Virginia, and your WV DUI attorney can provide guidance on the closest provider to you. For out-of-state license holders, a process exists for taking the DUI classes in other states that the WV DMV will honor, provided certain procedural aspects are in place. Your WV DUI attorney can guide you through this DUI school process as well.
Is Driving Under the Influence of Alcohol Different From DUI-Drugs?
In West Virginia, a Conviction for DUI-Drugs Creates Greater Loss of License Impact
Caution: If your WV DUI charge is an arrest for DUI Drugs and not DUI Alcohol, the driver’s license suspension periods are harsh, fixed, and will be a “hard suspension.” This means that no interlock limited driving will be available to you, or any type of work-restricted driving permit.
A first offense driving under the influence of drugs conviction requires a 90-day total loss of driving privileges. A second DUI drugs conviction means a total loss of driving privileges for a full five (5) years. A 3rd DUI drugs conviction in West Virginia is a total loss of all driving privileges for 10 years.
Hire the Best Criminal Defense Attorney WV For Your DUI Case
You need a DUI specialist West Virginia criminal defense attorney to guide you and assist you in protecting your right to drive, and saving your driver’s license. By hiring the best WV Lawyer for drunk driving defense, you assure yourself of the best outcome in a WV DUI case.
What Constitutes an Aggravated DUI WV?
A West Virginia DUI with a breathalyzer reading of 0.15 grams percent of alcohol or more constitutes an aggravated DUI in West Virginia. A numeric BAC level under 0.15 grams percent alcohol, or a DUI refusal, does not mandate jail time for a DUI first offense in WV.
So, getting a WV DUI attorney with a high lawyer rating for DUI defense, who knows the court personnel, and who is an expert on West Virginia DUI laws, can make a huge difference in whether you go to jail or not for a first DUI in West Virginia.
Do Not Miss the 30-Day Deadline for the WV DMV Appeal
The first job for your WV DUI lawyer is to file for the West Virginia DMV appeal, that is tied to the “implied consent” laws. Simply stated, once any person is arrested for DUI alcohol or drug charges, he or she will be advised that by not submitting to a post-arrest breath test or blood alcohol content (BAC) test, his or her driver’s license will be revoked.
Being able to “leverage” the TIME delay caused by your DMV appeal is part of a West Virginia DUI attorney’s trial strategy.
FREE Legal Advice, In Your Initial Consultation & Payment Plans
Most clients facing a WV DUI arrest need payment plans, so do not hesitate to ask what our law firm can do to help you. Plus, DUI lawyer Harley O. Wagner will personally interview you. When an emergency arises, he will talk to you 24-7.
Remember that The Wagner Law Firm covers the entire state of West Virginia. No other DUI attorneys in WV can say that!
Harley O. Wagner, a DUI specialist with top attorney ratings among criminal attorneys Martinsburg WV, is the criminal attorney to consult. Obtain a totally FREE lawyer consultation with Harley at the Wagner Law Firm. Let Mr. Wagner guide your path through fighting your pending drunk driving case. To take the stress and sleepless nights off you by calling Harley now. DIAL (304) 461-6000.