WV DUI Laws: Administrative License Revocation at WV DMV
Any top-rated West Virginia DUI lawyer will tell any person charged with a first offense DUI in WV to take care of the administrative license appeal to West Virginia DMV immediately, so that you don’t miss the filing deadline. Missing a filing deadline can have dire consequences on your ability to drive, especially for DUI refusal, under West Virginia DUI laws relating to a possible loss of ALL driving privileges.
The best legal advice is to hire a DUI specialist with in-depth knowledge of West Virginia DUI laws and the WV Code to handle all aspects (license suspension and criminal defense) of your DUI through your West Virginia prosecution.
The best DUI WV lawyer will handle both protecting your driving privileges and trying to get your DUI reduced to reckless driving or some lesser criminal offense. Harley O. Wagner, expert DUI lawyer in WV, can assist you in answering the burning question, “Does your license get suspended after a DUI?”
Does Your License Get Suspended After a DUI Arrest?
In addition to the DUI criminal arrest, another part of the WV Code relating to WV DUI laws will start an administrative (civil) case against you. This aspect of your DUI cases is handled at the WV DMV. This other type of proceeding under WV DUI law is called an implied consent law, and is the portion of the WV code that regulates driving privileges for those arrested for driving under the influence.
No criminal penalty, such as jail time or fines, is involved with the administrative part of a WV DUI. The West Virginia DMV portion of your DUI applies to your right to drive under West Virginia laws. You are at risk of a TOTAL loss of ability to drive, from a DUI arrest, especially for a DUI refusal.
A West Virginia DUI Arrest Starts an Administrative License Revocation
Following any WV DUI arrest, an administrative license revocation action is immediately triggered against the arrested driver. The State of West Virginia is seeking an administrative (not criminal) driver’s license revocation against the arrested individual, for either blowing over the legal limit on the breath alcohol test, or for DUI REFUSAL, by not taking the requested state-administered alcohol breath test when you were arrested in WV for impaired driving.
If WV Driver’s License Revocation Is Imposed, DUI School Is Mandated
If your license is revoked in WV due to a DUI charge, you will be required to enroll and complete the DUI Alcohol Safety Treatment Program (a.k.a., DUI classes), the length of which varies depending on the type of DUI charge you face.
The minimum period required is 18 hours (Level I), which comes with a first-offense non-aggravated charge (BAC < .15). Any of the other types of DUI charges means longer DUI school, and more classes being required.
There are program providers for DUI School throughout the State of West Virginia, and your WV DUI attorney can provide guidance to you about the closest provider to you. For out-of-state license holders, a process exists for taking the DUI classes in other states that are approved by the WV DMV.
This is not “automatic,” and certain procedural protocols must be followed. Your WV DUI attorney can guide you through this DUI school process as well.
A WV DUI Arrest Creates Unique Legal Challenges For All DUI Clients
After receipt of an administrative Order of Revocation Notice, you will have two choices on how to handle this notice. Option One, have your WV DUI Attorney file a timely written objection requesting an administrative hearing in which he or she will contest the WV DMV’s attempt at revoking your driver’s license. Option Two, take advantage of the WV interlock laws and go directly on interlock for the underlying revocation period and not contest the revocation by requesting an administrative hearing.
As your West Virginia DUI lawyer will explain, this option may be very appealing to a person who plans to fight his or her drunk driving criminal charges.
No two clients have the identical “situation” when it comes to strategizing about which path to pursue. Each DUI case requires the criminal defense lawyer’s individual attention. Only an experienced, well-trained West Virginia DUI attorney, skilled in criminal defense, can help you make the right decision on how to handle this order of revocation notice. Harley Wagner is a legal expert on this matter.
A DUI Attorney Case Review Protects Your Legal Rights in a WV DUI Case
Obtain a FREE lawyer consultation, 24-7, because both Harley Wagner and The Wagner Law Firm want to make sure that YOUR LEGAL RIGHTS are protected as you navigate the WV court system. 304-901-7400. Don’t lose your chance for DUI expungement.
Harley is one of the top criminal defense attorneys in Martinsburg, WV, and he also travels statewide to assist ANYONE facing DUI in WV.
Again, timing is very critical to this decision. It is imperative you reach out to consult with a West Virginia attorney who is a DUI specialist immediately after your DUI arrest. Mr. Wagner can be reached by phone anytime to help you better understand your legal rights in West Virginia.
Harley O. Wagner covers every DUI court in WV (both administrative and criminal). Plus, Harley is co-author of the #1 DUI book on drunk driving and license suspension laws in the state of West Virginia. Harley is the recognized leader for DUI defense among criminal lawyers Martinsburg WV, so why call any other DUI attorney?