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DUI License Suspension in West Virginia

The Wagner Law Firm Can Fight to Protect Your License

Policeman pulling over a woman - WV DMV license reinstatement

If you’re facing a DUI conviction in West Virginia, the court will handle both your criminal and license penalties. Due to Senate Bill 130, which went into effect on July 1, 2020, DMV hearings are no more. This means that DUI cases are handled by one court system, and, if you’re convicted, they decide both penalties. If you are not, you will not face any criminal or driver’s license penalty.

Another major change to the DUI laws of West Virginia under Senate Bill 130 is that the citizen convicted of DUI will now have the option of choosing the type of driver’s license suspension the citizen receives. They may opt for a longer hard, no driving suspension period or a shorter period of “restricted” suspension with an interlock breath testing device installed in the citizen’s car in which to enable the citizen to lawfully drive without incurring any type of hard, no driving suspension of their driver’s license. Whether or not the citizen is licensed in the state of West Virginia and/or works in the state of West Virginia will indeed be a component factored in to this decision if a conviction for DUI were to occur.

Unlike some states, West Virginia does not afford work privileges on a license suspended for DUI. Each suspension period is a “hard suspension” with no driving at all – period! West Virginia DUI lawyer Harley Wagner knows the state’s DUI laws. It is important to consult with him right away after a DUI arrest.

Contact Harley Wagner online or at (304) 461-6000 to schedule a free consultation. He proudly serves Berkeley, Jefferson, and Monongalia counties and all of West Virginia.

Protect Your Driving Privileges

With 22 years of experience, Harley is ready to fight to keep your license. If you were convicted, Harley may advise you to participate in the West Virginia alcohol test and lock program. This entails installing an ignition interlock device into your car that you will be required to blow into in order to start the vehicle.

In eligible cases, use of this device can replace your license suspension period. If your BAC is above .04%, the interlock is activated and your vehicle will not start. What’s worse is that you will be kicked out of the program. Though the period of time you'll be required to install and use the ignition interlock device will be longer than the hard-suspension option, it gives you the ability, and mobility, to get your life back on track.

Potential License Suspension Penalties

In West Virginia, first-offense DUI penalties vary in severity based on your blood alcohol concentration. If your BAC is .15% or lower, it is called “non-aggravated DUI.” If your BAC is higher than .15%, the charge will be “aggravated DUI.” With a non-aggravated DUI, you can choose six months of no driving or 140 days having an interlock device in your vehicle. With an aggravated DUI, you can choose either a suspension of your license for one year or ten and one-half months with the interlock device.

If you have been convicted of one other DUI within the past 10 years, your license will be suspended for ten years or you will be required to have an interlock device for three years. A third DUI within 10 years results in either permanent suspension of your driver's license or four years with the device installed in your vehicle.

Strict Laws in West Virginia

In many states, there are ways to get back behind the wheel immediately. But in West Virginia, even a first-time offender cannot drive without restrictions, or even get a permit to drive to and from work. The only way to avoid suspension of your driver's license is to participate in the alcohol test and lock program.

That is why it is essential that you speak with Harley Wagner quickly. He can tell you how to get involved with this program and how it can help get you back on the road quickly.

Harley Wagner knows this new interlock law inside and out and how it could potentially benefit your DUI case. This whole ordeal can be very confusing, and that is why it’s in your best interest to sit down with Harley Wagner right away. The faster you speak with an experienced DUI lawyer in West Virginia, the easier getting back your driver’s license will be.

Contact Harley now to get started. Call (304) 461-6000.

Case Results

With decades of legal experience and over 800 hours of DUI defense training, Harley Wagner knows how to fight DUI charges effectively. Read The Wagner Law Firm's recent case results to learn more about Harley's past successes.
  • Dismissed .08 DUI Causing Death case (Clarksburg, WV)
  • Reduced to Misdemeanor .14 Felony DUI Causing Death Case (Martinsburg, WV)
  • Charge Reduced Aggravated DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Martinsburg, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (Morgantown, WV)
  • Dismissed DUI 1st (St. Mary’s, WV)
  • Dismissed DUI 1st (West Virginia)
  • Not Guilty DUI 1st. (Martinsburg, WV)
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Why Trust Harley Wagner?

  • Over 20 Years of Experience
  • More Than 2,500 DUI Cases Handled
  • Performed 800 Hours of DUI Defense Training
  • Award Winning Representation
  • Faculty Member at DUI Defense Lawyers Association
  • Author of West Virginia's Preeminent DUI Book: West Virginia DUI Defense: The Law and Practice
Looking Forward to Helping You

Call 304-461-6000 To Get Started