What Happens During a DUI Arrest in Charleston? 
When you are arrested for a DUI in Charleston, the process begins immediately with the suspension of your driver’s license. DUI arrests typically happen after law enforcement officers observe erratic driving behavior or pull over a vehicle for a traffic violation. If you’re arrested for DUI, there are a few immediate consequences you should be aware of: - Breathalyzer Test or Blood Test: West Virginia law mandates that individuals suspected of driving under the influence must submit to a breathalyzer test. If you refuse to take the test, your license will automatically be suspended for a period of time, regardless of whether you were actually intoxicated.
- Blood Alcohol Concentration (BAC) Test: If you fail the BAC test and your alcohol level is over 0.08% (the legal limit for drivers in West Virginia), your license will also be suspended.
- Immediate License Suspension: For a first DUI offense, your license will be suspended for a minimum of 15 days. However, the suspension period can be longer depending on the circumstances of your arrest and whether it’s a repeat offense.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Factors That Influence the Length of Your License Suspension
The length of your license suspension will depend on several factors, including:- First DUI Offense: For a first-time DUI offense, West Virginia law allows for a license suspension of 15 to 45 days. If your BAC was below 0.15%, you might be able to obtain a temporary or hardship license during your suspension period. However, if your BAC was above 0.15%, you could face longer suspension times.
- Repeat DUI Offenses: For individuals with prior DUI convictions, the suspension period increases. A second offense DUI could result in a suspension of up to one year, while a third offense DUI can lead to a suspension of up to three years.
- Failure to Submit to BAC Testing: If you refuse a breathalyzer or blood test, you will face an automatic license suspension under West Virginia’s implied consent law. This suspension can be for a period of 1 to 3 years, depending on whether it is your first or subsequent offense.
- Aggravating Factors: In some cases, other factors may contribute to a longer suspension. If your DUI involved an accident with injuries or if you were driving with a minor passenger at the time of the arrest, you may face enhanced penalties and longer suspension periods.
What is a Temporary or Hardship License?
If you rely on your vehicle for work, school, or family responsibilities, a temporary or hardship license might allow you to drive during your suspension period. West Virginia permits certain individuals to apply for a hardship license, which grants limited driving privileges for essential tasks such as commuting to work, attending school, or driving to medical appointments.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
- Completion of a drug and alcohol education program
- Demonstrating a financial hardship or inability to meet work/school obligations without a vehicle
- The approval of the West Virginia Division of Motor Vehicles (DMV)
The Steps to Getting Your License Back After a DUI Arrest in Charleston
Once your license is suspended following a DUI arrest, there are several steps you must take to regain your driving privileges. The process can be complicated, and having a DUI lawyer on your side can help ensure that you complete everything necessary. Here’s an overview of the steps to getting your license back:1. Attend a DMV Hearing (If Applicable)
After your arrest, you will likely receive a notice from the West Virginia DMV informing you of your license suspension. You have the option to request a hearing to contest the suspension. During this hearing, you or your attorney can present evidence that may lead to a reduction or removal of the suspension. If you believe your license was wrongfully suspended, it’s important to act quickly and request the hearing within 30 days of receiving your notice.Related Videos
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2. Complete a DUI Education Program or Treatment Program
As part of the process of regaining your license, you may be required to complete an alcohol education or treatment program. West Virginia courts often mandate this for individuals convicted of DUI. The requirements can vary, but they typically include:- DUI Education Program: A program that educates offenders about the dangers of alcohol and driving.
- Alcohol Treatment Program: If the court deems it necessary, you may be required to attend treatment for alcohol dependency or abuse.
3. Pay All Fees and Fines
To regain your license, you will need to pay any fines associated with your DUI conviction. Additionally, you will be responsible for administrative fees charged by the DMV for processing your reinstatement request. The fees and fines can be substantial, so it’s important to budget for these expenses.4. Submit a Request for License Reinstatement
After completing the necessary programs and paying your fines and fees, you will need to submit a request to the DMV for license reinstatement. This request will include proof of completion of your education or treatment programs and evidence that you have met all other requirements. If all of the conditions are satisfied, the DMV will process your request, and your license will be reinstated.Case Results
5. Install an Ignition Interlock Device (If Required)
In some cases, the court or DMV may require you to install an ignition interlock device (IID) in your vehicle before reinstating your license. An IID is a breathalyzer attached to your vehicle’s ignition system that prevents the car from starting if your BAC is over a certain threshold. This is commonly required for repeat offenders or those with a particularly high BAC at the time of arrest.How Can a DUI Defense Lawyer Help Speed Up the Process?
Navigating the DUI reinstatement process can be overwhelming, especially if this is your first offense or if you’re unfamiliar with the legal procedures. A DUI defense lawyer from The Wagner Law Firm can assist you in several ways:- Understanding the Legal Process: DUI laws are complex, and the steps to reinstating your license can be confusing. A lawyer can provide guidance on what you need to do at every stage of the process, ensuring you meet all necessary requirements and deadlines.
- Challenging Unfair Suspension: If you believe your license was wrongfully suspended, a DUI defense lawyer can help challenge the suspension at the DMV hearing, increasing the chances of getting your suspension reduced or removed.
- Ensuring Compliance: A lawyer can help ensure that you complete all the necessary education or treatment programs and help you avoid mistakes that could delay your license reinstatement.
- Minimizing the Impact of a DUI: A skilled DUI attorney may be able to negotiate a reduction in charges or help you avoid certain penalties, which could reduce the length of your license suspension and make the overall process more manageable.