Facing a DUI arrest can be a daunting and humiliating experience, with far-reaching consequences such as potential job loss, damage to your reputation, loss of your license, and significant financial penalties.

You may feel overwhelmed, especially if the government has presented scientific evidence against you, but this doesn’t mean you’re without options. Law enforcement can make a variety of mistakes when pursuing convictions, including procedural errors, technical issues, or defects with breathalyzer equipment.

Each DUI case requires a detailed investigation into the circumstances surrounding your arrest. A thorough investigation may uncover evidence that works in your favor and highlight weaknesses in the prosecution’s case. At Harclerode Law, PLLC, our experienced trial attorneys collaborate with highly-skilled investigators to scrutinize every aspect of your case, developing a defense strategy aimed at achieving the best possible outcome.

Contact us today for a free consultation with a Clarksburg DUI lawyer by calling (304) 931-0479.

What Is DUI in West Virginia?

Under West Virginia law, DUI is defined as:

• Operating a vehicle with a blood alcohol concentration (BAC) of .08% or higher
• Driving while impaired by alcohol, controlled substances, drugs, inhalants, or a combination of these, regardless of BAC

For commercial drivers, the BAC limit is 0.04%, and for drivers under 21, the limit is 0.02%.

When facing a DUI charge in West Virginia, you will go through a criminal case in state court.

DUI Penalties in West Virginia

Penalties for DUI depend on prior convictions within the past 10 years and other factors.

For a first offense, penalties typically include:

• Jail time of up to six months or probation
• A fine ranging from $100 to $500
• A six-month license suspension
• Participation in a DUI safety and treatment program

If your BAC is excessively high (.15% or higher), you may face at least 48 hours in jail and increased fines ranging from $200 to $1,000.

For a second offense, you could face:

• Six months to one year in jail
• Fines between $1,000 and $3,000
• A 10-year license revocation

A third offense can result in:

• Two to five years of imprisonment
• Fines ranging from $3,000 to $5,000
• Lifetime license revocation

The Motor Vehicle Alcohol Test & Lock Program

West Virginia offers the Ignition Interlock Program to DUI offenders, allowing them to regain limited driving privileges. This program involves installing an ignition interlock device in your vehicle, requiring you to pass a breath test before starting the engine.

To participate, you must:

• Complete a DUI safety and treatment program
• Pay for the device’s installation and maintenance
• Meet regular check-in requirements

Failure to comply can result in an extension of your participation in the program or the revocation of your driving privileges.

Implied Consent in West Virginia

Under West Virginia’s implied consent laws, by driving in the state, you agree to submit to chemical testing if law enforcement suspects you of DUI. Refusing to take these tests can result in a one-year license suspension for a first refusal and even longer for subsequent refusals, regardless of the outcome of the criminal charges.

Why You Need Legal Representation for a West Virginia DUI Charge

DUI cases are complex and require a lawyer with extensive experience in DUI defense. An experienced attorney can help identify flaws in the case against you, such as:

• The Arrest: If law enforcement lacked reasonable suspicion for the stop or probable cause for the arrest, your charges could be challenged.
• Field Sobriety Tests: These tests can be subjective and influenced by medical conditions, weather, or an officer’s interpretation.
• Chemical Testing: Blood, breath, or urine test results can be prone to errors due to factors like improper administration, equipment maintenance issues, or mishandling of samples.
• Legal Procedures: Any failure by law enforcement to follow proper legal protocols could impact your case.

Protect Your Rights with Experienced Clarksburg DUI Attorneys

If you’re facing DUI charges in West Virginia, having an experienced legal advocate is critical. At Harclerode Law, PLLC, our team has the expertise to navigate the intricacies of DUI laws and will work tirelessly to achieve the best possible result for your case. A Clarksburg Defense Attorney can make all the difference. 

Our attorneys offer:

• A deep understanding of West Virginia DUI laws
• The ability to challenge evidence and test results
• Skilled negotiation to potentially reduce charges or penalties
• Protection of your rights throughout the legal process
• Peace of mind, knowing you have a dedicated advocate on your side

Don’t navigate DUI charges alone. Schedule a free consultation with a Clarksburg DUI lawyer by calling us at (304) 931-0479.