Back to Top

My Drivers' License was Suspended: Can I Get It Back?

Losing your West Virginia driving privileges can turn life into a major hardship. How do you get to school or work? How do you run errands, ferry kids around, or get to a doctor’s appointment? Having family, friends, or Uber handle all your transportation needs can be difficult, tiresome, and costly. Yet an automatic license suspension is part of the process when you have been arrested for a DUI in the state.

Many people fail to realize all of the consequences of a DUI arrest which includes a license suspension. At The Wagner Law Firm, our experienced attorney deals with the ramifications of DUI arrests and convictions all day every day. If you have been arrested for a DUI anywhere in the state, we highly recommend that you turn to the only DUI-exclusive law firm in West Virginia. Fighting DUI is all that our team does. That concentration puts us in a position to be of invaluable assistance to you for handling all the penalties you will face.

How to Get Your License Back After a Suspension

The DMV is always notified of DUI arrests; that notification will kick in the suspension. How long you will be suspended will depend on the facts and circumstances of your case. First-offense DUIs with a blood alcohol concentration below .15 percent carry the shortest suspension period of up to six months. Your license can be suspended even if you were not convicted and did not face the usual penalties of jail time and fines. In such cases, it is suspended based on your BAC test results. License suspension typically begin 60 days after you have been arrested and generally last for 90 days on a first offense.

In West Virginia, suspensions are called “hard suspensions” because you are not allowed to drive at all under any circumstances, even to work. No “hardship” license or temporary permits are allowed. However, once your suspension period is over, you must be eligible for reinstatement of your license. That will likely involve having completed such programs as an alcohol or drug abuse assessment, DUI educational programs, and any recommended treatment for substance abuse.

In order to drive after your license suspension, you will also likely be required to use an ignition interlock device in your vehicle for a set period of time.

You can shorten the license suspension period in a first offense by requesting the court to be allowed to complete the DMV Deferral Program that requires an ignition interlock device after only 15 days of suspension.

Your other option for getting your license back is to request a DMV hearing after your arrest. At the hearing, you will have the chance to fight for your driving privileges before an administrative judge. You can be represented by an attorney at the hearing who can provide evidence as to why you should be allowed to drive.

In any reinstatement of your license, you will be required to pay the DMV reinstatement fee and provide proof of insurance.

Need to fight for your license? Call The Wagner Law Firm at (304) 461-6000 or contact us online to learn more.