An arrest for driving while intoxicated in West Virginia can have serious or even life-changing consequences, and requires expert legal help. The experienced local attorneys of 1.800.NOT.DRUNK and www.NotDrunk.com have the skills and knowledge needed to protect a motorist’s rights after a West Virginia drinking and driving arrest.

A West Virginia DWI arrest triggers two separate and unrelated cases. The driver faces both a criminal court case, where punishment includes jail, fines, educational programs, the possibility of an ignition interlock device requirement, and driver’s license suspensions.

A West Virginia drunk driving arrest also generates a second case at the Division of Motor Vehicles, where the accused motorist’s West Virginia driving privileges are at stake. This West Virginia DMV action is separate and apart from the criminal court action. The motorist must request a DMV hearing quickly after a DWI arrest or risk having his or her driver’s license automatically suspended.

West Virginia drunk driving cases are prosecuted under one or both of two theories – either "common-law" or "per se.” The first allegation focuses on the mental and physical condition of the driver, whereas the second allegation, or per se charge, revolves solely around whether the driver had a blood alcohol content (BAC) of .08 percent or greater.

In a traditional "common-law" West Virginia DWI case, the prosecutor will attempt to prove that the driver was impaired either physically or mentally as the result of consuming alcohol or drugs. This impairment is typically demonstrated by the arresting officer’s testimony about the motorist’s driving patterns, field sobriety tests, the driver’s appearance, and performance on chemical tests.

A West Virginia per se DUI case is based only on chemical test results, and isn’t concerned with impairment at all. The only inquiry for a per se charge is whether or not the accused DUI driver was above the legal limit of .08 percent BAC at the time of driving.

West Virginia has an implied consent law, which means that anyone who drives in the state is required to submit to a chemical test if arrested for DUI / DWI. If this testing is refused following a DWI arrest, there are DMV administrative actions that could result in suspension of the driver’s license from one year to as long as a lifetime. Unlike many states, West Virginia does not criminalize the refusal to test following a West Virginia DWI arrest.

West Virginia DUI law has a “washout” period of 10 years for drinking and driving offenses. This means that if more than 10 years has passed since an accused driver’s prior conviction, the current drunk driving arrest will be prosecuted as a first offense. If there is a driving under the influence conviction within 10 years of the current case, the later arrest will be prosecuted as a multiple-offense DUI.

West Virginia law provides for significant punishment for convicted DUI drivers. A first-offense drunk driving conviction is punishable by 24 hours to six months in jail and a $100 to $500 fine plus court costs and surcharges.

A second-offense driving under the influence conviction carries six months to one year in jail and a fine of $1,000 to $3,000 plus court costs and surcharges. A third offense DUI conviction carries one to three years in jail and a $3,000 to $5,000 fine, plus court costs and surcharges.

The repercussions of a West Virginia DUI / DWI conviction are severe, but not inevitable. It’s possible to fight and win a drunk driving charge with expert legal help. A skilled attorney from 1 800 NOT DRUNK and www.NotDrunk.com will provide a free consultation and explain how an aggressive defense strategy can protect the driver’s rights and minimize or even eliminate the negative consequences of a West Virginia drinking and driving arrest.

DISCLAIMER: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers.