Charleston DUI Defense Lawyer

Charleston DUI Defense Lawyer

The nonprofit organization Responsibility.org reports that there were more than a million driving under the influence (DUI) of alcohol, controlled substances, or drugs arrests nationally and 2,382 DUI arrests in West Virginia, specifically during the last study period. A DUI arrest is not something that any person should be handling on their own and hoping for the mercy of the court. For this reason, you make sure that you take the time to speak to a Charleston DUI defense attorney about what your options might be for fighting the criminal charges and trying to avoid serious criminal penalties.

The Centers for Disease Control and Prevention (CDC) reports that while 1.9 percent of people nationally report driving after drinking too much, only 0.7 percent of individuals in West Virginia agree with this sentiment. The West Virginia Division of Motor Vehicles (DMV) reports that the most recent statistics show 2,397 total DUI cases with 551 convictions, and the counties with the highest conviction rates were Calhoun (80 percent), Roane (78 percent), Ritchie (60 percent), Braxton (57 percent), Taylor (57 percent), Summers (55 percent), Mason (52 percent), Grant (50 percent), Pendleton (50 percent), and Tucker (50 percent).

Types of DUI Offenses in West Virginia

Our firm handles many different kinds of DUI cases in the greater Charleston area, including:

  • First DUI 
  • Second DUI 
  • Third or subsequent DUI 
  • Aggravated DUI (blood alcohol concentration [BAC] of 0.15 percent or greater)
  • DUI under 21 years of age
  • DUI resulting in injury
  • DUI resulting in death
  • DUI with a minor in the vehicle
  • Refusal of chemical test violations

DUI Charges in Charleston 

The West Virginia DUI laws are under West Virginia Code § 17C-5-2. The state law uses the phrase "impaired state" to describe a person who is:

  • Under the influence of alcohol
  • Under the influence of any controlled substance
  • Under the influence of any other drug or inhalant substance
  • Under the combined influence of alcohol and any controlled substance or any other drug

OR

  • Having an alcohol concentration in their blood of eight-hundredths of one percent (0.08) or more by weight

The West Virginia Governor’s Highway Safety Program notes that even a BAC above .05 can result in a conviction and revocation of your driver’s license. In general, state law provides that any person who drives a motor vehicle in West Virginia while they are in an impaired state or while they are in an impaired state but have a BAC of less than 15 hundredths of one percent (0.15) commits a misdemeanor.

The state also imposes much stricter penalties for alleged offenders who cause serious bodily injury or death while committing DUI offenses.

DUI Penalties in West Virginia

Different DUI offenses in West Virginia will involve different possible penalties. In general, the possible consequences of convictions in these cases may include:

  • First DUI – Up to six months in jail, up to $500 in fines, administrative driver’s license suspension of 90 days, and 120 days with an ignition interlock device (IID)
  • Second DUI – When a second offense occurs within 10 years of a previous offense, the subsequent conviction is punishable by up to one year in jail, up to $3,000 in fines, 10-year driver’s license revocation, and two years with an ignition interlock device (IID).
  • Third or subsequent DUI – Up to three years in prison, up to $5,000 in fines, and lifetime driver’s license revocation
  • Aggravated DUI (blood alcohol concentration [BAC] of 0.15 percent or greater) – Up to six months in jail, up to $1,000 in fines, administrative driver’s license suspension of 45 days, and 270 days with an ignition interlock device (IID)
  • DUI Under 21 Years of Age – A person under 21 years of age caught driving with a BAC between 0.02 percent, and 0.079 percent may still be charged with DUI. There is no jail penalty, but fines may be up to $100, an administrative driver’s license suspension of 60 days, and five months with an ignition interlock device (IID).
  • DUI resulting in injury – Up to one year in jail, up to $1,000 in fines, two-year administrative driver’s license suspension, and one year with an ignition interlock device (IID)
  • DUI resulting in death – Up to 10 years in prison, up to $3,000 in fines, 10-year administrative driver’s license suspension, and two years with an ignition interlock device (IID)
  • DUI with a minor in the vehicle – Up to one year in jail, up to $1,000 in fines, one-year administrative driver’s license suspension, and 10 months with an ignition interlock device (IID)
  • Refusal of chemical test violations – Refusing to submit to a breathalyzer or other chemical test can lead to a driver’s license suspension from 45 days up to the remainder of your life under West Virginia Code § 17C-5-4.


Aggravating and Mitigating Factors in Charleston DUI Cases

DUI cases can involve certain mitigating or aggravating factors that may impact the possible punishment that a court imposes. Some of the possible mitigating factors can include:

  • An alleged offender’s conduct did not cause or threaten serious bodily injury.
  • An alleged offender acted under strong provocation.
  • An alleged offender played a minor role in the commission of an offense.
  • An alleged offender lacked substantial judgment in committing the offense.
  • An alleged offender was suffering from a mental or physical condition that significantly reduced their culpability for the offense.

Aggravating or enhancement factors can include:

  • An alleged offender having a prior history of criminal convictions or criminal behavior
  • An alleged offense involving more than one alleged victim
  • Personal injuries inflicted upon or the amount of damage to property sustained by or taken from an alleged victim was particularly great
  • An alleged offender, before trial or sentencing, failed to comply with the conditions of a sentence involving release into the community
  • An alleged offender having no hesitation about the commission of a crime when the risk to human life was high
  • An alleged offender committing an alleged offense on the grounds or facilities of a private or public institution of learning while minors were present

Defenses Might Be Available

If you have been arrested for drunk driving in Charleston, you should consult with a lawyer as soon as you can. An attorney will review the facts of your case and your arrest and determine whether any defenses apply in your case. Some of the more common defenses used in DUI cases include:

  • Challenging the reason for the initial traffic stop
  • Arguing that there were issues with any breath or blood testing that occurred
  • Providing alternative explanations for the signs of intoxication that the officer observed

In addition, in some cases, an attorney can get you into a DUI diversion program. If you complete the program successfully, it will result in a dismissal of your case and no conviction on your criminal record.

Call Us Today to Schedule a Free Consultation with a Charleston DUI Defense Attorney

Were you recently arrested for a DUI offense anywhere in West Virginia? Cary Law Office can aggressively fight your DUI charges and work to make sure you face the fewest possible penalties.

Our firm knows how to uncover possible defenses against criminal charges in these cases, so you will want to speak to us about what kinds of relief we can offer. Call (304) 804-6369 or contact us online for a free consultation so we can take the time to review your case and help you understand what legal options you might have.