Selecting the right DUI attorney can make or break your case, which is why you need to know how to choose the right fit for you. A great defense attorney might not be the best fit for you if they don’t have specific DUI experience, and even an experienced DUI attorney could be a poor […]
A lot of people think of 0.08% BAC as a magic number. They believe they’re free to enjoy themselves so long as they don’t’ hit that number. However, those people may not realize that you can be pulled over, arrested, and even lose your license while under 0.08% BAC. The Magic Number Most states allow […]
WV Open Container Law West Virginia open container law is deceptively simple. You might think you’re safe if you just put a bottle in the back seat. However, West Virginia’s open container laws have resulted in some receiving citations regardless of whether they touched the alcohol. To help illustrate this issue, we’ve put together some […]
On April 19, 2017, West Virginia Governor Jim Justice signed the West Virginia Medical Cannabis Act (SB 386), legalizing medicinal cannabis in the state. Since July 2019, qualifying patients whose doctors have issued them a prescription for medicinal cannabis can register with the health department to use medical marijuana. The state will start accepting permit […]
Whenever you go out for the night and have a few drinks, you should always be responsible. However, it is easy to overindulge. While we all have the option of calling a designated driver or requesting a ride from Uber/Lyft, either your friend can’t pick you up or your Uber/Lyft ride is quite costly. That […]
The holiday season consists of festive gatherings with loved ones, travel such as road trips, and other ways to be jolly and merry until the end of the year. However, celebrations often involve alcohol consumption, which can lead to drunk driving accidents and DUI arrests. Starting from Thanksgiving’s Even (Black Wednesday) until New Year’s Day, police departments […]
When a person is arrested for DUI in West Virginia, a police officer will ask the driver to submit to a breath test to determine his/her blood alcohol content (BAC). If a person’s BAC is over .08 percent—or .04 percent if he/she a commercial driver’s license (CDL) holder or .02 if he/she is under 21 years old—then he/she can […]
A police officer can detain a person for questioning, search for evidence, and make a DUI arrest in West Virginia if he/she establishes reasonable suspicion and probable cause. Although these two legal concepts are used interchangeably, there are several key differences. Reasonable Suspicion Reasonable suspicion must be established in order to detain someone or make a traffic […]
According to the Centers for Disease Control and Prevention (CDC), alcohol is the most commonly used and abused substance among children and teenagers in the United States. The National Survey on Drug Use and Health reported in 2016 that 19 percent of young people aged 12 to 20 drink alcohol and 12 percent admitted to […]
Everyone understands that driving under the influence of alcohol or drugs can lead to a DUI arrest. However, many people wonder if it is possible for a passenger who allowed another person to drive drunk? In West Virginia, the answer is yes. In 2015, the state Supreme Court of Appeals ruled 3-2 to uphold the penalties administered […]