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Administrative Hearing for DWI - DUI

Pursuant to West Virginia law, an individual has 10 days to request an Administrative Hearing from the Division of Motor Vehicles in West Virginia. 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 imperative that you submit your request to the West Virginia DMV within 14 days.

What happens if I was arrested for DUI in Huntington?

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 Division of Motor Vehicles in West Virginia. While both actions can result in the suspension of your West Virginia driving privileges, it is important to remember that there may be additional penalties to consider and each action must be handled on their own.

If you are charged with DUI in West Virginia, it is a serious offense that can have serious consequences, including loss of driving privileges, jail time, and monetary fines. It is important that anyone facing a West Virginia DUI understand what challenges they will encounter. Seeking the advice of a competent and professional DUI criminal defense lawyer will help you understand all of your rights and options, including any defenses you might use.

DUI Penalties for First Time Offenders

• Jail Time - A first time DUI (driving under the influence) or DWI (driving while intoxicated) offender faces six months jail time.
• DUI Monetary Fines - In Huntington, West Virginia, fines for a first time DUI are $100 to $500.
• Driving Privileges and DUI - In Huntington, West Virginia, a first time DWI 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.
• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (blood-alcohol concentration) 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.