Clarksburg DUI Lawyer

Clarksburg DUI Attorney

Driving under the influence of alcohol or drugs poses incredibly dangerous consequences, not just to yourself but to others around you. That is why there are strict laws and penalties in place to address the severity of driving under the influence (DUI) in West Virginia. If you or a loved one have been arrested for impaired driving, it becomes paramount that you consult with a reputable Clarksburg DUI lawyer.

At Crowe Law, LLC, we provide you with the quality guidance you need to properly understand your individual charges, their implications, and what your options are. Our team takes time to understand the circumstances of your charges, review all the accompanying facts, and build a unique defense strategy that works towards an acquittal or a reduction or dismissal of charges.

DUI in West Virginia

The state of West Virginia presents DUI charges in any event involving operating a motor vehicle while under the influence of alcohol or other illicit substances. These instances create unsafe conditions for you, your passengers, and others on the roadway.

Most commonly, these charges are associated with the use of alcohol. The legal limit for blood alcohol content (BAC) while driving is 0.08%, so any BAC at or above that mark is subject to DUI charges. For any driver under the legal drinking age of 21 years old, the legal BAC limit is 0.02%. If a driver has a BAC of greater than 0.15%, the charge could be labeled aggravated, which increases the potential penalties that you could face.

While alcohol-related DUIs are the most common, operating a vehicle under the influence of illegal or prescription drugs that impair the ability to drive can also result in charge of driving under the influence. No matter the circumstances of your charges, be sure to speak with an attorney who can help you navigate the difficult legal system.

DUI Penalties in West Virginia

There are several potential penalties for DUI in Clarksburg, WV. The severity of those penalties can vary widely depending on the number of elements involved in the case. Whether you’re a first-time offender or have multiple DUI convictions, your BAC level and whether there are any other aggravating factors can all impact the severity of the charges and, ultimately, the penalties you face.

Some of the common DUI penalties in West Virginia include:

• DUI with a BAC under 0.15%. For first-time offenders where there are no aggravating factors, a DUI conviction can include fines ranging from $100 to $500, as well as up to six months of jail time and a potential license suspension.
• DUI with a BAC of 0.15% or higher. Driving with a BAC level of 0.15% or higher is considered an aggravated DUI. This leads to more severe penalties, such as mandatory jail time of at least 48 hours and increased fines between $200 and $1,000. Jail time can also be extended up to six months.
• DUI under the age of 21. For drivers under the legal drinking age, the BAC threshold is 0.02%. Any person charged with a DUI who has a BAC level between 0.02% and 0.079% will not be subject to any jail time. They can, however, face fines ranging from $25 to $100. However, if a DUI results in an injury, then the driver may face fines between $200 and $1,000 with a minimum jail time of 24 hours or up to a year.
• DUI accompanied by a minor. Any driver charged with a DUI while a minor under the age of 16 years old is in the vehicle at the time of the crime can be subject to fines of $200 up to $1,000, jail time of up to one year, and the possibility of a license suspension.
• Second offense DUI. A driver convicted of multiple DUIs within a 10-year period can be sentenced to one year in jail in addition to facing financial penalties of up to $3000. This also includes a one-year administrative license suspension followed by two years of mandatory ignition interlock program participation.
• Third or subsequent offense DUI. If convicted of multiple DUIs within a 10-year period, a driver may be sentenced to up to 3 years in prison. In addition, they could be assessed a discretionary fine between $3,000 and $5,000. This also includes a one-year administrative license suspension followed by three years of mandatory ignition interlock program participation.

The most severe penalties apply when a DUI incident results in a fatality. Drivers charged with a DUI resulting in the death of another person can face prison sentences of up to 10 years as well as hefty monetary fines. Regardless of the circumstances surrounding the DUI charges, it’s imperative that you speak with an experienced West Virginia criminal defense attorney to guide you through your options.

FAQs

What Is Aggravated DUI In West Virginia?

In West Virginia, an aggravated DUI is a more severe type of DUI charge that can occur if the driver’s blood alcohol content is 0.15% or higher. A driver can also be charged with an aggravated DUI if they have had multiple DUI convictions in the past, are driving with a minor in the vehicle or near a school, or are driving with a suspended license.

How Much Does A DUI Lawyer Cost In West Virginia?

As is the case with many other types of lawyers, the total cost of a DUI lawyer in West Virginia can vary substantially depending on a multitude of factors. Some of the primary factors impacting lawyer costs include the overall complexity of the particular case, the experience level of the lawyer, and whether a plea bargain is struck, or the case goes to trial. The more complex your circumstances, the higher the potential costs could rise.

What Is the West Virginia DUI Deferral Program?

The West Virginia DUI Deferral Program allows for qualified first-time DUI offenders to complete a court-approved diversion program and avoid conviction through traditional legal proceedings. The program began in 2010 and can result in the offender having the charges dismissed and their arrest records expunged if the required conditions are met to complete the program. However, to be eligible for the program, your BAC level must be below 0.15%.

Is DUI a Felony In West Virginia?

Whether your DUI is charged as a misdemeanor, or a felony is dependent on the circumstances of your case. For many first-time DUI offenses, they will be charged as misdemeanor crimes. However, drivers who have been convicted of multiple DUI charges within the last ten years or have aggravating circumstances could be charged with a felony for a subsequent DUI offense. Your attorney can help you understand which type of charge you may be facing.

Clarksburg DUI Lawyer

Staring down the severity of DUI charges can be a particularly daunting and stressful process, regardless of whether you’re a first-time offender or someone facing subsequent charges.

At Crowe Law, LLC, we proudly serve the greater Clarksburg area by treating each client with the personalized attention they deserve to ensure that they understand the details of their charges. We put our experience and knowledge to work so that our clients can proceed with the peace of mind knowing that their case is built on a strong foundation and robust defensive strategy. Contact us today to schedule a free consultation and learn how we can help you.