Lewisburg DUI Lawyer

DUI Attorney in Lewisburg, WV

Facing DUI charges in West Virginia can be overwhelming. You may be concerned about how they will affect your employment or ability to secure housing. West Virginia has some of the strictest laws when it comes to DUIs. Contact a Lewisburg DUI lawyer to review your case and determine whether your rights were violated throughout the process.

Why Choose Us?

Wooton, Davis, Hussell & Johnson, PLLC, has over 40 years of experience helping clients with their traffic violation charges. We understand the nuances behind West Virginia’s traffic laws and the lasting implications that convictions can have on the offender. As criminal defense attorneys, it is our goal to help you understand the repercussions of these DUI charges and to review your case to protect your Constitutional rights.

How West Virginia Handles DUIs

In a small town like Lewisburg, it can be tempting to have a drink at a bar like the Washington Street Pub and then get behind the wheel to drive home, but with West Virginia’s strict laws, it is not worth the risk. Whether you’re driving on a busy road like Jefferson St or a quiet residential area, an arrest can have severe consequences.

In many cases, DUI is a victimless crime, where drivers put others at risk, but no one gets hurt in the process.  Even so, West Virginia DUI law makes it a crime to drive any vehicle while impaired by either alcohol or drugs. An impaired state means being under the influence or having a blood alcohol content (BAC) at or above 0.8 percent.

What makes West Virginia’s law so nuanced and unique is that you may be charged even if your BAC is well below the legal limit. This means law enforcement can still give you a DUI even if your breathalyzer results were zero percent. This law doesn’t consider situations in which the driver’s mental state may have caused them distress without any drugs or alcohol in their system.

West Virginia is also one of the last states in the country that prohibits someone from operating any vehicle while under the influence, not just a motor vehicle. This means that you can be charged with a DUI if you are operating a bicycle, a scooter, roller skates, a skateboard, or even a motorized wheelchair.

Penalties for a DUI in West Virginia

West Virginia is very strict when it comes to DUI charges. Penalties become higher the more offenses you have on your record, and there is a 10-year lookback period to search for prior offenses. The penalties for a DUI in West Virginia are:

• First offense:
  • At least one day, but up to six months in jail
  • $100-$500 in fines
  • Loss of license for six months
• Second offense:
  • At least six months, but up to one year in jail
  • $1,000-$3,000 in fines
  • Loss of license for 10 years
• Third or more offenses:
  • At least one year, but up to three years in prison
  • $3,000-$5,000 in fines
  • Loss of license for life

These penalties increase if there are aggravating factors in the case. For instance, if you were arrested with minors in the vehicle, if you caused a fatality or serious injury, if your BAC was 0.15 or higher, or if illegal drugs were found, you could be charged with an aggravated DUI. Each of these offenses carries an additional criminal charge that your Lewisburg DUI lawyer can review with you.

Consequences of being charged with a DUI can affect other areas of your life as well. The loss of your driver’s license may lead to you losing your job and future career prospects. It may lead to higher car insurance premiums, difficulty procuring housing with a past criminal record, and even negative effects on your social life.

Our team at Wooton, Davis, Hussell & Johnson, PLLC, understands how devastating these charges can be. We are dedicated to finding a legal defense that helps you mitigate this sentence.

FAQs

Is It Worth Having a DUI Lawyer in Lewisburg, WV?

It is well worth having a DUI lawyer in Lewisburg, WV, due to how strict and complex West Virginia DUI laws are. A skilled attorney can help you review the details of your case and develop a defense strategy in hopes of having these charges dismissed. Our team can investigate to determine if law enforcement had a lack of probable cause for the traffic stop leading to your arrest. We can also investigate the breathalyzer and field sobriety tests to look for any flaws.

Is it Possible to Have DUI Charges Dismissed in West Virginia?

Yes, it is possible to have DUI charges dismissed in West Virginia. When you hire a DUI lawyer, they can look into the details of your arrest and craft a defense strategy to have your charges dismissed. Another option may be going through a DUI Deferral Program if you are a first-time offender and your BAC was under a certain threshold. Completion of this program can expunge your record for this crime.

Does West Virginia Perform DUI Checkpoints?

Yes, West Virginia does perform DUI checkpoints. With 264 car accident-related fatalities in 2022, West Virginia is dedicated to protecting its residents by having strict DUI laws and checkpoints in place. These checkpoints are considered legal, but there are guidelines that law enforcement must follow to avoid illegal search and seizure.

Will I Lose My Commercial License After a DUI Charge in West Virginia?

Yes, even if this is your first offense, you can lose your commercial license as part of a DUI charge in West Virginia. Even first-time offenders will have their CDLs suspended. If this is your second or subsequent offense, your CDL could be revoked permanently if your charges are severe enough.

Hire a DUI Lawyer

At Wooton, Davis, Hussell, & Johnson, PLLC, we know that this one mistake does not define you. Our team of DUI lawyers has been representing clients for over 40 years in their traffic violation cases. We understand how nuanced West Virginia DUI laws are, and we are dedicated to finding a solution to help protect your rights and mitigate the impact these charges have on your life.

Contact our firm today to schedule a consultation.