Selecting an attorney for legal cases is a very important decision. Please enter your information below to receive a Free Consultation from an attorney in your area:
Welcome to DUI West Virginia.com
Did You Know?
Your operator’s license and/or operating privileges can be revoked under the Administrative License Revocation (ALR)
Depending on the state, this law authorizes law enforcement to immediately confiscate a driver’s license as a result of a Driving Under the Influence (DUI) arrest. Drivers, who are eligible, may receive a temporary license for 30 days. Drivers who refuse the test will be revoked for a one (1) year time period. Drivers who fail the test will be revoked for 90 days - for first offense, or for one (1) year for any subsequent offense within a 12 year time period.
Driving under the influence (DUI) of alcohol, or "drunk driving,"
in West Virginia is by far the most commonly encountered offense
in the courts today. In 2002, it is estimated that nearly 17,500
people were killed in automobile collisions involving alcohol. According
to the National Highway Traffic Safety Administration (NHTSA), this
represents 41 percent of the 42,815 people killed in all traffic
accidents and crashes that year.
West Virginia Drunk Driving BAC Related Deaths
Motor Vehicle Fatalities Involving High Blood Alcohol Concentration in West Virginia
Total fatalities 1995
376
Fatalities involving high blood alcohol
132
Percent
35
Total fatalities 2000
410
Fatalities involving high blood alcohol
149
Percent
36
Source: U.S. Department of Transportation, National Highway Traffic Safety Administration, National Center for Statistics and Analysis, Traffic Safety Facts 2000:
Defending against a charge of drunk driving in West Virginia is
tricky business. A West Virginia DUI defense attorney needs to understand
scientific and medical concepts, and must be able to question tough
witnesses including scientists and police officers.
If you want to fight your drinking and driving charge in West Virginia,
you're well advised to hire an attorney who specializes in these
types of cases. They may be able to get you off the hook, or lessen the fine or punishment imposed.
The laws concerning "drunk driving" have changed radically
over recent years. A person arrested today for driving under the
influence of alcohol ("DUI", also referred to as "DWI" or
driving while intoxicated) faces complicated criminal procedures and a potentially
devastating punishment that can be more severe than
a penalty handed down in a felony case.
An experienced attorney who specializes in blood alcohol analysis
and drunk driving cases can effectively handle criminal and administrative
proceedings. It is an unfortunate fact, however, that many general
practitioners or general criminal attorneys attempt to represent
clients with little or no training or experience in this very complex
field and the results are disastrous.
Drunk Driving Punishments
The punishment in drunk driving cases is set forth by state statute and
can be incredibly complex. The basic statute determines the range
of possible sentences, with modifications for such things as:
Having a prior conviction within seven years
Speeding 20 mph over the limit
Having a child under 14 in the car
Having a blood alcohol content reading over .20%
Refusing to submit to chemical testing
Within the range, the actual sentence in a drunk driving case will
be affected by:
The facts of the case
Any policies of the local court and prosecutors
The weaknesses in the case uncovered by the defense attorney
The reputation of that attorney
All of this is independent of a DMV suspension, which is determined
separately and which can be very complicated.
DUI Not Grounds for Deportation, High Court Rules
Audio, RM, 44 Kbps, 3:33, 11/9/2004
The Supreme Court rules that driving under the influence is not a crime of violence that can occasion deportation, finding unanimously that the law requires that the defendant showed intent to injure. Source: National Public Radio
News about DUI & Drunk Driving cases in West Virginia and nationwide:
State Dot Promotes Youth Traffic Safety
HONOLULU — With the summer in full swing and the 4th of July holiday weekend approaching, the state Department of Transportation continues to empha... Read more >
Definition:
B.A.C. is an acronym for Blood Alcohol Concentration. The most definitive way to test for B.A.C. is to test blood. The most common testing method is to take samples of breath (most usually in New Jersey with a “Breathalyzer”). The alcohol in the breath is mathematically converted to a blood alcohol reading.
Failed Sobriety Test
Definition:
A sobriety test is a method of determining whether a person is intoxicated. Among the common sobriety tests are coordination tests and the use of mechanical devices to measure the blood alcohol content of a person’s breath sample.
Excessive Drunkenness
Definition:
A state of drunkenness in which a person is so far deprived of reason and understanding that he or she is incapable of understanding the character and consequences of an act.
Legal Disclaimers All attorney listings are a paid attorney advertisement, and do not in any way constitute a referral or endorsement by an approved or authorized lawyer referral service. The information provided on DUI West Virginia.com is not intended to be legal advice, but merely conveys
general information related to legal issues commonly encountered. Your access
to and use of this website is subject to additional Terms
and Conditions.
Local Professional? Generate new business today
Call 866-227-9356 or contact a sales rep
Did You Know?
West Virginia Drunk Driving BAC Related Deaths
Maryland, Virginia, West Virginia--DUI Interstate Partn