West Virginia DMV Hearings Lawyer

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 burdens of proof before different judges. Thankfully, the West Virginia 2020 legislative session abolished this tax payer funded, secondary driver’s license court system. Now, all West Virginia DUI cases are handled in one efficient court system, which decide both the driver’s criminal consequences and, depending on the criminal charges, the subsequent driver’s license penalties. Harley Wagner worked with the legislature to help create this more efficient, fair, fiscally responsible legal system on a West Virginia DUI charge and has the knowledge and experience to guide you through all aspects of your West Virginia DUI charge, including all matters related to you retaining your driving privileges.

Refusal Request Hearings

Part of the sweeping 2020 changes to how a DUI goes through the West Virginia court system also deals with when a citizen is alleged to have “refused” the breath machine post a lawful arrest. This triggers a Refusal Request Hearing, which deals strictly with the potential of a greater consequence to the citizen’s driving privileges. This request must be made to the court within thirty days of the arrest in order to preserve the citizen’s right to challenge this refusal allegation. The Wagner Law Firm has vast experience in handling hundreds of refusal case allegations throughout West Virginia courts.    Visit our Martinsburg, WV office.