Driving under the influence is a criminal charge that can also affect a person’s driving privileges. These are separate matters that both require attention from the driver and their attorney. While a case in criminal court can take months to be resolved, the DMV has strict deadlines. Failure to file a request for a hearing might mean automatic suspension of driving privileges even before the case is heard in criminal court. Drivers only have 30 days to submit their request and DUI Attorneys in Morgantown WV might help file that paperwork.
When someone is suspected of DUI, they do not have a choice in whether or not to take a blood alcohol test. Since West Virginia has an implied consent law, drivers can face consequences for not allowing the law enforcement officer to measure the amount of alcohol in their system. These consequences are imposed by the DMV and can result in a suspension of driving privileges from 45 days to indefinitely, depending on the number of DUI convictions the driver has on their record. For a first offense, drivers can expect their license to be suspended for at least 45 days. As DUI Attorneys in Morgantown WV might tell their clients, the shorter suspension entails a year of driving with an interlock device in their vehicle.
By hiring DUI Attorneys in Morgantown WV, a driver charged with DUI might get appropriate guidance as they progress through their legal and administrative cases. A lawyer may accompany their client to all hearing and give them advice about how to answer questions posed by the court and the DMV. While being honest is usually the best approach, DUI Attorneys in Morgantown WV might advise clients not to admit guilt to the charges against them, especially since doing so guarantees they will face the mandatory sentence for the offense.
A lawyer might prepare a defense that includes questioning the law enforcement officers about their protocol and the reliability of the blood alcohol testing device used at the traffic stop. Defendants are innocent until proven guilty. Therefore, it’s up to the state to prove a driver was impaired when their car was stopped.