Morgantown DUI Lawyers Fight for Your Rights
Determined defense of your license and your liberty
Having served Morgantown and Monongalia County for more than 60 years, Angotti & Straface, L.C. knows how seriously West Virginia law enforcement takes drunk driving cases. We also know that zealous enforcement often snags innocent individuals or metes out excessive punishment to first-time offenders. As DUI lawyers, we carefully evaluate the process that law enforcement followed regarding your arrest, because we know that police officers can and do make mistakes, and they do not always adhere to proper protocols. But human error is not the only problem. Instruments used to measure alcohol’s effects need to be maintained and recalibrated on a regular basis to prevent inaccurate readings. When you choose Angotti & Straface for your DUI representation, you get distinguished attorneys who fight so you get the benefit of every possible doubt.
Can you go to jail for a DUI?
Penalties for DUI conviction in West Virginia depend on several factors: the number of the offense, the level of the driver’s blood alcohol content (BAC), the presence of any aggravating factors, and whether any person was injured or property damaged. In general, an accused drunk driver faces the following penalties:
- First offense — Up to six months in county jail, a fine of $100 to $1,000, a license suspension of 15 to 45 days and possible order to install an ignition interlock device.
- Second offense — From six months to a year in county jail, a fine of $1,000 to $3,000, a license suspension of one year and an order to install an ignition interlock device.
- Third offense — From one year in county jail to three years in state prison, a fine of $3,000 to $5,000, a license suspension of one year and an order to install an ignition interlock device.
West Virginia “looks back” 10 years for prior offenses. Repeat offenses can result in a conviction for felony DUI.
For most drivers, the legal limit is 0.08 percent BAC, but commercial vehicle drivers cannot even have a BAC of 0.04 percent, and drivers under the age of 21 are held to a zero tolerance standard of 0.02 percent. BAC in excess of 0.15 percent is grounds for an enhanced penalty.
Implied consent law in West Virginia
Drivers pulled over for DUI in West Virginia also face an administrative loss of license if they refuse to submit to either a preliminary breath analysis or a secondary test of blood or breath. Under West Virginia’s implied consent law, when an officer has a reasonable cause to believe a driver may be intoxicated, the driver must submit to a field sobriety test or roadside breath test. This roadside test is simply to determine if there is probable cause for an arrest and cannot be used as evidence in a court of law.
Drivers who are arrested for DUI must also submit to a secondary test at the police station. This secondary test is used to gather evidence for court. A driver who fails to submit to either or both tests gets an immediate license revocation lasting from 45 days to life.
Contact us now to schedule your free initial consultation
Angotti & Straface, L.C. represents West Virginians charged with driving under the influence (DUI). Tell us about your case in a free initial consultation. Call our Morgantown office at 304-212-7368 or contact us online. We offer Spanish translation services.