New WV Interlock Law
During the 2014 term of the West Virginia Legislature, the only DUI-related Bill that passed both the house and senate and voted into law was SB 434 –a.k.a. the new Interlock law. This law took effect on June 6, 2014 and through September 1, 2014 is being applied to pre June 6, 2014 administrative cases that are currently pending with the West Virginia DMV.
The essence of this new interlock law is that a citizen can forego the contesting of his or her driver’s license suspension and be afforded the opportunity to do the entire suspension period on Interlock without suffering any actual “hard” no driving at all suspension period. For instance, on an Aggravated 1st offense DUI in West Virginia, where the citizen is looking at the potential of a 45 day “hard” no driving suspension, followed by nine (9) months mandatory interlock installation period, the citizen can elect not to contest this suspension and be afforded therein the opportunity to do the entire ten and one-half suspension period on Interlock, thus foregoing any concern or worry over a possible “hard” no driving suspension period.
On a second offense case, where a citizen is looking at a one year “hard” no driving suspension and period, followed by 2 years mandatory interlock installation in his or her vehicle, the citizen can be afforded 3 years of interlock installation without worry of the actual one year “hard” no driving suspension. Note: This new Interlock law does not apply to citizens whose case is going through the Deferral Program. In that instance the underlying “hard” suspension period must be honored.
Harley Wagner is fully up to speed on this new law and how it “may” benefit citizens in certain types of DUI cases depending upon the nature of the DUI charge and what state the citizen holds a driver’s license. However, in order to potentially benefit from this new law, it is imperative that you contact Harley at 304.901.7400 immediately post arrest as the time period to take advantage of this new law must be decided very early on into your DUI case.