West Virginia DMV Hearing Attorney

Comprehensive Representation during Your DMV DUI Hearing

Before West Virginia’s Senate Bill 130 went into effect on July 1, 2020, getting arrested by a police officer for DUI triggered two different court proceedings: the administrative license revocation court and the criminal court for the crime of driving under the influence. These hearings had separate dates for your first appearance. These legal matters were conducted in different buildings (and often in different counties) and involved different legal issues before different judges. Pending pre-July 1, 2020 cases will continue to follow the previous two court system until the Office of Administrative Hearings is dissolved on July 2, 2021. Any cases left unresolved by then will be dismissed.

All DUI cases after July 1, 2020 will be handled in one court, which will decide both the driver’s criminal consequences and, depending on the criminal charges, the subsequent driver's license penalties.

Whether you’re continuing to fight in a DMV hearing for an older case or navigating the new single court system, Harley Wagner will fight for you and guide you through the process.

Receive your free consultation from our reliable DMV hearing attorneys in West Virginia by calling (304) 461-6000 or contacting us online today!

Phasing Out the DMV Hearing Process

Senate Bill 130 arranged for a simplified DUI court system and proceeding. Unlike the previous West Virginia approach of having your license and criminal consequences decided in separate courts, cases after July 1, 2020, (when the law went into effect), will be handled by one court. This court decides both the legal consequences and license suspension. So, if you are not convicted, you will not face any consequences regarding your license. If you are convicted, the resulting suspension will be dependent on your charge, such as an aggravated DUI or a DUI with a minor in the vehicle.

Every West Virginia DUI Arrest Pre-July 1, 2020 Triggers an Administrative License Revocation

Following any DUI arrest before July 1, 2020, an administrative license revocation action was immediately triggered against the arrested driver. Under the implied consent law, you are legally compelled to take a breath test. If you refuse to take a breath test or if your breath test shows you were driving over the legal limit, the state will seek license revocation penalties against you.

How to Handle an Order of Revocation Notice

After receiving an Order of Revocation Notice for your pending case pre-July 1, 2020, you will have two choices regarding how to handle this notice.

One option is to have your West Virginia DUI attorney file a timely written objection requesting an administrative hearing in which you can contest the DMV’s attempt to revoke your driver’s license.

Alternatively, Mr. Wagner may advise you to take advantage of the ignition interlock device laws and go directly on interlock for the underlying revocation period in lieu of requesting an administrative hearing. This option may be very appealing to a person who plans to fight his or her drunk driving charges.

No two DUI cases are the same. Each one requires the individual attention of a skilled criminal defense lawyer. West Virginia DUI attorney Harley Wagner can help you make the right decision on how to handle this order of revocation notice.

Important Reminder about Your DMV DUI Hearing

Because driving is a privilege and not a constitutional right, the state can impose an immediate civil loss of your driving privileges. You only have 30 days after your arrest to appeal the administrative license revocation. That means time is of the essence – it is important to consult with a knowledgeable West Virginia DMV DUI hearing attorney so you can appeal the revocation if appropriate.

Even though the new court system is removing the separate DMV hearing moving forward, you shouldn't take your license for granted. DUI convictions will still carry hefty license suspensions and, depending on your charge, you could be looking at years without your license. Contact The Wagner Law Firm to fight for your license and your future.

Attorney Harley Wagner represents clients in Berkeley, Jefferson, and Monongalia counties and throughout West Virginia. He is willing to travel across the state to assist you and remains available to take your call at all hours.

Facing a DMV DUI Hearing? Contact The Wagner Law Firm at (304) 461-6000 to get started with a free case evaluation.