Morgantown, West Virginia DUI Attorney

Administrative Hearing for West Virginia DWI (driving while intoxicated) or DUI (driving under the influence)

Pursuant to West Virginia law, an individual has 10 days to request an Administrative Hearing from the West Virginia DMV. If you fail to request a hearing within 10 days, your right to the hearing is lost, and your 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 (Division of Motor Vehicles) within 14 days.

What happens if I was arrested for DUI in Morgantown?

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

Being arrested for DUI is a serious offense that can have major consequences, including fines, jail time, and loss of driving privileges. It is crucial that anyone facing a West Virginia DUI understand what challenges they will encounter. Seeking the legal advice of an aggressive and professional DUI defense lawyer will help you understand all of your options and rights.

DUI Penalties for First Time Offenders

• Commercial Drivers - Commercial drivers are in violation of the DUI statute with a BAC (Blood Alcohol Content) level of 0.04. A first time DWI (driving while intoxicated) or DUI (driving under the influence) 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 Morgantown, West Virginia, a first time DUI (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 driver's license in West Virginia for 1 year.
• Jail Time - A first time DUI offender faces six months time in jail.
• DUI Monetary Fines - In Morgantown, West Virginia, fines for a first time DUI are $100 to $500.