Charleston DUI Lawyer

DUI Attorney in Charleston, WV

One night of impaired driving can lead to a lifetime of consequences if you are caught driving under the influence (DUI). Convictions for DUIs are severe in West Virginia and can negatively impact your life in many ways. A Charleston DUI lawyer can help.

Wooton, Davis, Hussell & Johnson, PLLC: Experienced DUI Lawyers in Charleston, WV

Wooton, Davis, Hussell & Johnson, PLLC, has been helping clients in Charleston for over 40 years. We understand how rigid and nuanced West Virginia DUI laws are, but we can help craft a defense to help lessen or dismiss your charges. We understand how overwhelming this process is for you. Contact our criminal defense lawyer today to see how we can help.

DUI Convictions in Charleston, WV

West Virginia law has strict penalties for anyone who is caught driving under the influence (DUI), and the penalties escalate with each subsequent conviction. If you or your loved one is facing charges for a DUI, these are the penalties you can expect:

• 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

The consequences of a DUI can also leak into your personal life, causing difficulties with employment, securing housing, and affecting your personal reputation for many years. In Charleston, these DUI cases are mostly handled by the Charleston Municipal Court and Kanawha County Magistrate Court. In 2020, this court heard 349 DUI cases, with only 22 of them resulting in convictions.

To mitigate the consequences of a conviction or avoid one altogether, hire a DUI lawyer like one of our attorneys at Wooton, Davis, Hussell & Johnson, PLLC. Our team is highly regarded throughout West Virginia as skilled, knowledgeable, and aggressive litigators who work hard to protect our clients.

How a Charleston DUI Lawyer Can Help You

When you meet with our lawyer for your initial consultation, we can review the unique circumstances of your case and develop a defense strategy to achieve the most favorable outcome. Some of the common defenses used for DUI charges are:

• Challenging the traffic stop
• Challenging breathalyzer and chemical test results
• Reviewing how sobriety tests were administered
• Looking at your history and negotiating for lighter penalties
• Identifying chain of custody issues
• Seeking alternative sentencing and diversion programs

Being charged with a DUI can be incredibly overwhelming. It is our top priority to make sure your rights are protected. An experienced DUI lawyer can help lessen your charges or push to dismiss your charges altogether.

A clean criminal history may warrant a lighter sentence or community service instead. If you need your license to be able to remain employed, you may be able to do so with the installation of an ignition interlock device (IID). Contact our office to explore your options further.

FAQs

How Will a DUI Charge Affect My Ability to Find Housing in Charleston, WV?

A DUI conviction can negatively affect your ability to find and secure housing in Charleston, WV. Many landlords run background checks for any prospective tenants. West Virginia allows landlords to deny housing, but federal guidance asks landlords to consider each case individually, as opposed to denying everyone with a past criminal record.

The Department of Housing and Urban Development (HUD) encourages landlords to consider factors like the nature of the offense, time since the conviction, and rehabilitation efforts.

How Much Does a DUI Lawyer Cost in West Virginia?

In West Virginia, the cost to hire a DUI lawyer is dependent on the complexity of your case, the attorney’s experience, and the firm’s fee structure. When you meet with your DUI lawyer for the first time, they can review your case and determine how they will charge you. Some attorneys may only ask for a flat rate for more straightforward cases, but most will charge an hourly rate and require a retainer upfront.

Can I Have My Charges Dismissed After a DUI Conviction in West Virginia?

It is absolutely possible to have your DUI charges dismissed and expunged from your record in West Virginia. State law only allows charges to be dismissed for first-time offenders who qualify for the West Virginia DUI Deferral Program.

Eligibility requirements include that this is your first offense, your BAC was below 0.15%, you do not hold a Commercial Driver’s License (CDL), and no accident occurred involving injuries or children in the car. A DUI lawyer can help you pursue this avenue for dismissal or charges.

Will I Lose My License After a First-Time DUI Offense in West Virginia?

You will likely lose your driver’s license temporarily for a first-time DUI offense. West Virginia is notoriously very strict when it comes to laws involving DUIs. A DUI lawyer can help you reduce this to a shorter suspension, followed by agreeing to the installation of an ignition interlock device (IID). This requires immediate action and challenging the license revocation shortly after the arrest. When you hire a DUI lawyer, they can help you complete the steps necessary to protect your license.

Hire a DUI Lawyer at Wooton, Davis, Hussell & Johnson, PLLC

At Wooton, Davis, Hussell & Johnson, PLLC, we have helped numerous clients throughout West Virginia defend against DUI convictions. We understand that these charges should not define your future, and we can meet you on your level to help guide you through this stressful time. What sets us apart from the rest is our ability to develop strong relationships with our clients.

We have a reputation for success throughout the state. Our team is known for achieving favorable outcomes for our clients through our tough strategies and tenacity in court. Contact our office today to see the difference we can make in your DUI case.