DUI Attorney - Charleston, West Virginia

Administrative Hearing for DWI / DUI

Pursuant to West Virginia law, an individual has 10 days to request an Administrative Hearing from the West Virginia Division of Motor Vehicles. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your driver's license is automatically suspended for the applicable statutory time frame. In order to preserve your right to an Administrative Hearing, it is very important that you submit your request to the Division of Motor Vehicles in West Virginia within 14 days.

DUI in Charleston, West Virginia?

Under West Virginia law, once you have been cited for violating the DUI statute, the state initiates two simultaneous, yet separate legal actions against you. The criminal action is in response to the ticket that was issued to you, while the administrative action is brought against your driver's license by the West Virginia Division of Motor Vehicles. While both actions can result in the suspension of your driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled on their own.

Seeking the legal advice of a competent and knowledgeable DUI lawyer will help you understand all of your rights and options. Being charged with DUI is a serious offense that can have major consequences, including loss of driving privileges, jail time, and monetary fines. It is important that anyone facing an DUI charge in West Virginia understand what challenges they will encounter.

DUI Penalties for First Time Offenders

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a blood-alcohol concentration (BAC) of 0.04. A first time DWI / DUI conviction will result in the loss of the commercial driver's license for 1 year, while any subsequent DUI offenses will result in a lifetime loss of the commercial license in West Virginia.
• Driving Privileges and DUI - In Charleston, West Virginia, a first time DWI (driving while intoxicated) or DUI (driving under the influence) conviction results in the revocation of driving privileges for at least 15 days, based on participation in the state Alcohol Test and Lock Program.
• Chemical Test Refusal - Refusing to submit to a test when requested by law enforcement will result in the revocation of West Virginia driver's license for 1 year.
• Jail Time - A first time DWI - DUI offender faces six months jail time.
• Monetary Fines for DUI - In Charleston, West Virginia, fines for a first time DUI are $100 to $500.