West Virginia Drunk Driving Defense Attorneys
- Barboursville
- Jarrell, Stephen:
When you've been arrested for driving while under the influence of alcohol you really do need help. In West Virginia DUI charges have serious consequences. If you are found guility, you can lose your license, be fined, your insurance can go up or be cancelled, and it carries jail time.
Most people arrested for DUI have never been in any other type of criminal trouble and are confused, frustrated, and anxious about the entire process.
- Beckley-Kyle Lusk: Criminal
charges will often vary, depending on the type of crime. Certain
offenses will fall within the jurisdiction of the Federal courts, while
other charges may be filed in state courts. The two classifications for
criminal prosecution are misdemeanor and felony. If convicted of a
felony, the sentence can range from months to years in state prison or,
in some cases, even the death penalty. In misdemeanor cases, the
sentence is often monetary fines, community service and/or
incarceration in county jail for up to one year. Violent crimes such as
murder, rape, robbery or kidnapping may result in severe sentences.
Lesser criminal charges such as assault and battery, domestic violence
or theft may be brought as either felonies or misdemeanors, depending
on several factors. If you have been arrested for any criminal offense,
contact an attorney competent in the area of criminal defense
immediately to protect your rights.
- Charleston-Wolfingbarger: The law surrounding these offenses
is very specialized and, if you have been charged with DUI or driving
on a suspended or revoked license, it is imperative that you act
promptly to protect your rights, as your failure to comply with certain
time deadlines can preclude you from raising important defenses at your
criminal trial or your Division of Motor Vehicles (DMV) administrative
hearing.
- Charleston-Carter Zerbe:
Appearances can be deceiving. People can do poorly on field sobriety tests,
and even fail the breath test, and not be intoxicated.
Brickley & Jacobs: In today's society, a vehicle is a
necessity. Our goal is to protect your right to own and operate a
vehicle. There are many things that you need to do before appearing in
front of a judge. Some of which require immediate action in order to
preserve your rights.
- Charlestown-Giatras, Troy:
DUI Laws in Every State and the Consequences of DUI Conviction
Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle intoxicated (OMVI).
There are two situations when a driver can be arrested and convicted for DUI:
1. When the driver is unable to operate a vehicle safely as a result of being impaired by alcohol, illegal drugs, prescription medications (e.g., painkillers) or over-the-counter medications (e.g., antihistamines); or
2. When the driver is operating a vehicle above the state's set blood-alcohol concentration (BAC) standards.
A driver's first DUI conviction is normally charged as a misdemeanor, but may increase to a felony in some states if someone was injured or if it is a repeat offense. For example, DUI may be charged as a felony in California if the accused has three or more prior DUI convictions.
Field Sobriety Tests
Police officers conduct "field sobriety" tests on drivers when they make vehicle stops and suspect that a driver may be intoxicated. Designed to help officers determine whether a driver is intoxicated based on the officer's assessment of the driver's physical or cognitive ability, these on-site tests typically include the following physical agility exercises:
* Horizontal Gaze Nystagmus (HGN) Ð driver must follow officer's penlight with his eyes
* Walk and Turn Ð requires driver to walk a certain distance and turn around heel-to-toe
* Standing on One Leg Ð requires driver to raise one leg while counting aloud
* Finger to Nose Ð driver must bring the index finger to the nose with eyes closed
* Rhomberg Balance Test Ð driver must stand still with his head tilted back
Chemical Tests and Implied Consent Laws
All states have "implied consent" laws that require drivers suspected of DUI to submit to some form of chemical test (breath, blood or urine) to measure BAC. Implied consent laws are based on the logic that all drivers give consent to DUI testing by driving on state roads and highways.
In fact, the U.S. Supreme Court has held that an officer may force a driver to submit to a blood test (without the driver's consent or a warrant) as long as the officer has probable cause to believe the driver is under the influence. While some states allow drivers to choose the form of chemical test, refusing to submit to a chemical test can carry serious penalties (e.g., mandatory license suspension). In fact, refusal to take a chemical test in California will result in a one-year license suspension for the first offense. Further, if a driver is ultimately convicted for DUI, his refusal to submit to a chemical test may enhance the penalties.
"Per Se Intoxication"
If a driver's BAC is at or above a set limit in a state, he will be deemed "per se intoxicated" and no additional proof of impairment is needed to convict him of DUI. "Per se" BAC levels range from .08% in most states to .10% in others. However, a driver can still be arrested and convicted for DUI without a determination of "per se intoxication," if the driver shows other evidence of impaired driving. The National Highway Traffic Safety Administration (NHTSA) has published 20 signs to assist officers in detecting drunk drivers, including wide turning radius, weaving, speed more than 10 miles below the legal limit, following too closely and braking erratically.
Enhanced Penalty BAC Level and Zero Tolerance Laws
Many states have "enhanced penalty BAC level" laws that impose harsher penalties for drivers with BAC levels at or above the state's enhanced penalty standards. These laws typically apply to drivers with a particularly high BAC, ranging from .15% to .20%. In addition, all states have "zero tolerance" laws that penalize drivers under age 21 for driving with any trace of alcohol in their systems.
Criminal and Driving Privilege Penalties
The criminal penalties for a DUI conviction are discretionary, but may include fines, jail time, probation and community service. The severity of the penalty depends on many aggravating factors, such as:
* The driver's history of DUI violations
* Whether there was a child in the vehicle
* Whether the DUI violation involved a car accident that resulted in property damage or injury/death to another person
DUI arrest or conviction also affects driving privileges, including suspension of one's driver's license (usually by DMV), confiscation or impoundment of the driver's car, administrative costs and mandatory alcohol education and treatment programs. Many states require offending drivers to pay a reissue fee to get a suspended license back. In addition, some states require drivers convicted of DUI to install an "ignition interlock" device on their vehicles, which measures the driver's BAC (based on breath) and prevents operation of the car if more than a minimum amount of alcohol is detected.
- Clarksburg-Todd LaNeve:
If you just decide to plead out, you are probably doing yourself a serious
disservice.
- Clarksburg-David Frame:
the two most beautiful words in the English language are the words "Not Guilty."
- Charleston-Claude Smith:
Being charged with driving under the influence of alcohol (DUI)
(sometimes referred to as driving while intoxicated - DWI) is a serious
criminal offense in West Virginia. If you are charged with a DUI, you
have two things to worry about, the criminal DUI charges and the
administrative hearing before the West Virginia Department of Motor
Vehicles (DMV) on taking away your driving privileges (losing your
driverÕs license).
- Clarksville-Aldred Law Office:
The cost of legal representation is a necessity to exercise your legal
rights in our society. It is much like paying your electric or water
bill.
- Elkins-Jory & Smith:
In addition to the possible incarceration and fines, there can be a
stigma attached to being convicted of a crime. For example, upon
conviction of a felony, an individual may lose many of his or her
rights, including the right to vote and the right to own a gun. Even a
conviction for a traffic offense, especially an alcohol related traffic
offense, can lead to a dramatic increase in motor vehicle insurance
premiums that can stay with a person for several years. It is easy to
see how one mistake can taint the rest of a person's life.
- Huntington-The Conway Office:
Were you or someone you love arrested for a DUI? Are you involved in a pending misdemeanor or felony case?
- Huntington-Mark Underwood:
If the police observe you driving erratically or violating traffic laws, they
are permitted to stop and question you for a DWI violation. If they suspect
that you are intoxicated, they can ask you to submit to various tests,
including a blood alcohol test.
- Huntington-Amy Levine:
If you have been contacted by the police or are accused of a crime,
whether a felony or a misdemeanor offense, you are allowed to defend
your rights in a court of law.
- Huntington-Robert Losey:
DUI/DWI (drunk driving, driving while under the influence of alcohol)
- Logan-Forester Law Office:
If you have been accused or arrested on a criminal charge, it is critical that you hire a criminal defense attorney right away. West Virginia criminal law is very complicated. If you don't have an experienced lawyer protecting your rights, you may loose them. Do not let this happen to you.
- Marlton
- Martin Saffer:
If I get arrested for DUI after blowing into the machine and it showed
my BAC was over .08, should I just plea guilty? € No! It is very
unlikely you are going to gain any benefit by pleading guilty in your
case. You have a constitutional right to require the State to prove
that you are guilty beyond a reasonable doubt. There is nothing wrong
with exercising your rights and making the State do its job. € You have
zero chance to win your case if you plea guilty.
- Martinsburg
- Black, Eric:
* Criminal defense (felony and misdemeanor) DUI and DWI
* Divorce
* Custody
* Personal injury
* Wrongful death
* Civil litigation
- Mills and Wagner:
Drunk driving charges are serious criminal charges. You can lose your license, pay hefty fines, suffer
increased insurance premiums, and in some cases even be sentenced to jail time. An experienced DUI
defense lawyer can fight for your rights, freedom, and privileges. Whether you failed a breathalyzer
test or a field sobriety test, or if your blood alcohol content (BAC) was above 0.08 (presumed drunk),
or your blood alcohol level was above 0.07 (prima facie evidence of being drunk), you may still have a defense.
- Morgantown-Widmer-Eby & Associates:
DUI Ñ Protecting Your Driver's License
When charged with a DUI in West Virginia, you will have to deal with the criminal and civil aspects of your case. Criminally, you may face jail time, probation, fines and a mark on your criminal record if convicted of drunk driving. Civilly, you may lose your privilege to drive. Further, you may face civil suits from people who you may have injured while driving under the influence.
- Morgantown-Angotti & Straface:
There are two parts to the process of DUI matters. Administrative
hearings determine issues of license suspension, revocation, and other
DMV administrative matters. Criminal hearings determine if jail time,
fines, or other punishment is in order for the conduct you are being
tried for. In both situations, it is best to act quickly and contact a
West Virginia DUI attorney before your rights are lost. A failure to
act promptly can lead to the loss of your license without any further
action by prosecutors.
Whether you are headed for city court, or the magistrate court, the
more time your attorney has to work on your case, the better. Field
sobriety tests, breathalyzer tests, and other methods of blood alcohol
level determination are not always reliable. If mistakes were made by
police, your arrest may not have been valid.
- Morgantown-Sean Murphey:
The Scientific Nature of the HGN Test and the Admissibility of HGN
Evidence
Of all of the field sobriety tests used by police officers to determine
a driver's level of intoxication in DUI arrests, the Horizontal Gaze
Nystagmus (HGN) test is the most popular among law enforcement officers
for effectively determining evidence of a driver's blood-alcohol
concentration (BAC). HGN is an involuntary More...
Discovering Prior Convictions in DUI Prosecutions to Enhance a New
Charge
Almost all states increase a charge for driving while under the
influence of alcohol or drugs (DUI) from a misdemeanor to a felony when
a driver has had a certain number of prior DUI convictions.
- Moorefield-Sandra Mullenax Desbrow:
Chances are, if you have been charged with a criminal offense, it is
your first experience with the criminal justice system. You need an
experienced criminal defense attorney immediately. Statements made in
the early stages can have a critical impact on your criminal defense.
- Ripley
- Union
- Bryan, John:
If you have been accused or charged with committing a crime in West Virginia, then you must act quickly to protect your rights. You should immediately contact a West Virginia criminal defense attorney...
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