Beckley DUI Lawyer

DUI Attorney in Beckley, WV

Facing DUI charges in the Smokeless Coal Capital, Beckley, WV, can be incredibly overwhelming. Time is of the essence with DUI cases in West Virginia. It is important to seek the aid of a Beckley DUI lawyer who can strive to protect your rights throughout your case. West Virginia has strict laws regarding DUIs that can result in a loss of your license and freedom.

Our team at Wooton, Davis, Hussell & Johnson, PLLC, can provide you with guidance through this scary process. With our easy-going approach, we can do everything possible to make sure you feel comfortable as our criminal defense lawyer create a defense strategy tailored to your unique situation. You can rest assured that we are passionate about working to protect your rights and freedom.

DUI Charges in Beckley, WV

Beckley, WV, is the ninth-largest city in the state, known for its rich history and abundant outdoor recreation in the Appalachian Mountains. Raleigh County, where Beckley is located, has some of the most collisions in the state, with 6.7 fatal crashes per 100,000 people. This is higher than the national average. Busy roads like N. Eisenhower Drive often see more impaired driving, but a DUI arrest can occur anywhere.

Driving under the influence (DUI) has been a leading cause of car accident fatalities in West Virginia. In 2022, there were 60 deaths caused by DUI drivers in West Virginia. West Virginia is known to have some of the strictest DUI laws in the country to try to mitigate these DUI-related deaths.

West Virginia law makes it a crime to drive any vehicle while in a state of impairment from either alcohol or drugs. An impaired state means being under the influence of drugs or alcohol or having a blood alcohol content (BAC) at or above 0.8%. West Virginia’s DUI laws are unique because you may test well below the legal limit and still be charged with a DUI if the arresting officer believes you are unfit to operate a vehicle.

This strict law doesn’t allow much flexibility to account for the driver’s mental state, which may be distressed or overwhelmed for reasons other than being under the influence of drugs or alcohol. West Virginia is also one of the few states in the country that prohibits someone from operating any vehicle while impaired, purposely leaving “motor” out of the wording for the law. This means you could get a DUI when operating a bicycle, scooter, or even a motorized wheelchair.

Penalties for a DUI in West Virginia

West Virginia inflicts harsh penalties on those convicted of a DUI and escalates penalties based on frequency. The state allows a 10-year lookback period to search for prior offenses and determines sentencing after taking them into account. 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

If you are caught driving under the influence with a minor in the vehicle, or if you caused a serious injury or fatality, your penalties will increase based on these factors. Additionally, if your BAC was .15% or higher, or if illegal drugs were found in your vehicle during your traffic stop, you may face additional charges.

The social stigma and professional repercussions of having a DUI conviction on your record can be even harder for some people to cope with. The loss of your driver’s license may lead to you losing your job and harming your ability to find new work. Having this kind of criminal record tied to you may also affect your personal or social life.

At Wooton, Davis, Hussell & Johnson, PLLC, we understand the lasting implications a DUI charge may have on your life. We are dedicated to finding a defense strategy in hopes of dismissing or reducing these charges being brought against you.

FAQs

How Long Does a DUI Stay on My Record in West Virginia?

A DUI conviction in West Virginia will stay on your driving record with the West Virginia Division of Motor Vehicles for 10 years. This record is used to track offenses and determine license suspension periods should you have subsequent offenses. DUI convictions stay on your criminal record permanently and can show on background checks for the rest of your life.

What Are the Penalties for a DUI With a Minor in the Vehicle in West Virginia?

Being caught in West Virginia driving under the influence with a child in the vehicle is a very serious crime that may be considered child endangerment. This offense has harsher penalties. First-time offenders can expect jail time ranging from 48 hours to a year, fines of up to $1,000, license suspension for one year, ignition interlock mandatory installation for a year, and mandatory enrollment in the West Virginia Safety Treatment Program.

What Happens If I Drive on a Suspended License Following a DUI in West Virginia?

Driving on a suspended license after a DUI in West Virginia is considered a misdemeanor. It can trigger mandatory jail time, fines, and an extension of your license revocation. Penalties increase with each offense. If you are caught driving on a suspended license, it is important to hire a DUI lawyer who can help craft a defense strategy in hopes of mitigating these charges.

Can I Refuse a Breathalyzer in West Virginia?

West Virginia has an implied consent law, which means that by driving on West Virginia roads, you have already given your consent to chemical testing if assessed for a DUI. You can refuse a breathalyzer, but it carries penalties and can lead to one-year license revocation in addition to being charged with a DUI. West Virginia does have a 15-minute rule that gives the driver 15 minutes to reconsider. After the time has passed, the refusal is considered final.

Hire a DUI Lawyer

If you or your loved one has been charged with a DUI, it is important to seek legal counsel immediately. Our team at Wooton, Davis, Hussell & Johnson, PLLC, has over 40 years of experience helping clients in West Virginia develop defense strategies against DUI charges.

Contact us today to get started.