Fairmont DUI Lawyer

Fairmont DUI Attorney

Facing a DUI charge is a serious matter. For first-time offenders, it’s wise to make all efforts possible to avoid sustaining a conviction on your permanent criminal record. If you’re a repeat offender, you may be dealing with harsher charges and potential penalties if found guilty again. Be sure to speak with an adept and skilled Fairmont DUI lawyer at Crowe Law, LLC.

Understanding Intoxicated Driving Laws in West Virginia

In the state, as is the case in most states, it is against the law for any motorist to drive under the influence of alcohol, illegal substances, and even prescription drugs that impair their ability to drive safely. If a driver is suspected of operating a motor vehicle while intoxicated by alcohol or drugs, law enforcement is allowed to test their blood alcohol content (BAC).

If the driver’s BAC is 0.08 percent or above, they can be arrested for driving under the influence (DUI). Additionally, motorists who are under the legal drinking age of 21 can be charged when found to be operating a motor vehicle with a blood alcohol content of 0.02 percent or above. For a first-time DUI offense, it will usually be charged as a misdemeanor if no aggravating factors were involved.

Conviction Carries a Variety of Penalties and Repercussions

Penalties for a first-time DUI conviction may include administrative repercussions only if the driver’s BAC is below 0.15 percent and no other aggravating factors were present. That means no jail time is necessary, and the offender may only face penalty fines, a temporary license suspension, and the installation of an ignition interlock device (IID) in their vehicle.

Aggravating factors that may cause a normally misdemeanor-level DUI to be elevated to a felony include:

• An excessive BAC of 0.15 percent or above.
• A minor was present in the car during the DUI arrest.
• A traffic accident transpired that led to the serious bodily harm or death (involuntary manslaughter) of another individual.
• Evading arrest or fleeing from law enforcement.

Repeat DUI Offenses and Aggravating Factors

If your first DUI is an aggravated offense, the penalties you may face upon conviction include an extensive period of incarceration, a mandatory installation of an IID in your vehicle for several months, and an extended suspension period on your driver’s license. For first DUIs wherein the only aggravating factor was an excessively high BAC, the punishment for conviction may be lesser, such as a shorter time range for a mandatory jail sentence.

Second Conviction Is Punishable by Jail Time

A second DUI conviction is a misdemeanor punishable by jail time or probation, and if the offense was non-aggravated, penalties may only include administrative repercussions. Punishment would still warrant heavy penalty fines and an extended license suspension for a second DUI violation.

History of Three or More Convictions Is a Felony

A third or subsequent DUI conviction is a felony punishable by several years of incarceration, extensive fines, an IID installation for multiple years, and a driver’s license revocation indefinitely. Felony penalties can vary greatly depending on the circumstances of the case, such as the specific aggravating factors, any mitigating factors, and your criminal history.

Potential Defense Arguments for a DUI Charge in WV

Depending on the exact details of your DUI case in Fairmont, WV, your legal representation may opt to implement various defense strategies. One common defense is to question the validity of the BAC testing, the procedures and results of which can often be faulty, mishandled, misprocessed, or incorrectly administered.

Your Lawyer Can Challenge Prosecution Evidence

Another defense strategy is to challenge the prosecution’s evidence against you, weakening their argument by looking for inconsistencies or if there were violations of your constitutional rights.

FAQs

What Is the Average Cost for a DUI Lawyer in WV?

It’s hard to estimate an average cost for a DUI lawyer because every case is different and involves various influencing factors. An attorney’s legal fees will vary depending on your criminal history, whether this is your first DUI, if there were aggravating circumstances, and your lawyer’s experience, among others.

However, hiring a qualified lawyer will likely save you on costs in the long run, including heavy fines and other harsh penalties.

Why Should I Hire a Lawyer for a DUI in WV?

In West Virginia, there are numerous benefits to hiring a defense lawyer when charged with a DUI. Your attorney can provide insightful and experienced legal counsel, explaining your options and potential consequences, what not to do, and guide you throughout the process. An adept lawyer can also investigate your case and utilize their legal resources to craft a strong defense for you.

Is It Possible to Get Out of a DUI?

Avoiding a DUI conviction or having the charges dropped before trial is possible. However, this isn’t guaranteed and depends significantly on your specific circumstances. If your defense lawyer notices a significant error or misunderstanding while investigating your case, they may be able to speak with the prosecutor beforehand.

The charges may then be dismissed. Otherwise, your attorney will create a defense to prevent your conviction.

When Should I Contact a Lawyer for a DUI in WV?

For DUIs, contacting a defense lawyer as soon as you can following your arrest is advised. It’s ideal to not delay seeking legal counsel for several reasons, including receiving immediate advice from your attorney about what not to do or say so you don’t accidentally incriminate yourself or hurt your case.

Additionally, your defense lawyer can begin building a strong case on your behalf right away and with ample time to prepare, increasing your chances of a favorable outcome.

Feel Confident With a Competent, Experience Defense Lawyer

At Crowe Law, LLC, we have successfully represented countless clients against charges of intoxicated driving. Our experienced and diligent legal team is prepared to handle your case, no matter how simple or complex it may be, even if there are additional offenses, such as a drug violation or serious harm to another person. Contact our office today to schedule a consultation.