WV DUI Laws Explained
You’ve been arrested and charged with a WV DUI. Bad luck strikes and now you have to deal with some serious consequences. According to WV DUI laws, you could lose your driver’s license. You may even pay big fines or have to attend alcohol education classes. But the worst of it is going to jail, and it can happen, even for a first time offender. But DUI cases aren’t a slam dunk for the prosecution, despite the evidence against you. In fact, there are many ways to defend your DUI if you enlist the help of an experienced DUI attorney. Contact skilled WV DUI lawyer Harley Wagner now for a free consultation. He can help you build a defense for your DUI charges.
URGENT: WV DUI laws are extremely harsh and could land you in jail. That’s why it’s imperative that you get help from an experienced WV DUI lawyer like Harley Wagner. He will explain to you that your DUI arrest actually triggers two separate cases, a criminal court case and a case with the West Virginia DMV.
Penalties for a DUI in criminal court depend upon your DUI history. But even a first-time offender can spend time in jail. If this is your first DUI, there is a maximum punishment of 6 months in jail and a fine of as much as $500. Penalties get more serious for a second DUI offense. You could end up in jail for a year with fines as high as $3000. A third offense means jail time of up to 3 years and fines of $5000. There is also the possibility of alcohol education classes and the installation of an ignition interlock system.
In West Virginia, there are two types of DUI first-offense charges. If your BAC is .15 or lower, that is called non-aggravated. If it is higher than .15, the charge will be aggravated. A non-aggravated DUI means a possible punishment of no jail time to up to six months in jail, with a mandatory minimum fine of a $100. An aggravated DUI has a minimum 24 hours mandatory jail, a maximum of six months, and minimum mandatory fine of a $100. Remember, this is just for a first offense. If you have more DUIs in your past, penalties become more severe.
In addition to the criminal case, you also have to deal with driver’s license consequences following your WV DUI arrest. This is why it is so important to get Harley Wagner on your side immediately. WV DUI laws are among the toughest in the country. You have a limited amount of time to save your driver’s license following a DUI arrest. But if you make a DUI Hearing Request with the West Virginia DMV, you may be allowed to continue driving pending the outcome of the hearing. If you don’t make this request within 30 days of receipt of your notice of suspension, your license will be automatically suspended.
Did you know that if you refused testing of your blood or breath following your DUI arrest, that you could lose your license forever? That’s right, in West Virginia, what is called “implied consent law” requires you to submit to these tests. If you don’t take the test, a DMV administrative action could mean a lifetime ban from driving in West Virginia! This is another reason you need the Wagner Law Firm working for you, to help save your driver’s license.
According to WV DUI laws, the state can prosecute a DUI case in one of two ways. The prosecutor can present evidence that the driver was impaired by drugs or alcohol using driving patterns, field sobriety tests, appearances and chemical tests. Remember, the state does have to use evidence of chemical testing to support a conviction. On the other hand, prosecutors can base their case on the chemical test results alone. That means the only requirement for conviction is whether the driver was above the legal limit of .08% at the time of driving.
Don’t end up in jail. Don’t get saddled with thousands of dollars in fines. Don’t lose your license. Instead, talk to Harley Wagner about how you can fight these harsh WV DUI laws.