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DUI Defense Lawyers in Charleston, WV, Assisting Clients Who Have Been Charged With Alcohol-Related Driving Offenses

If you have been arrested and charged with a DUI in West Virginia, you are probably most likely feeling anxious and uncertain about what your future holds. Any type of criminal charge is serious. A DUI conviction can lead to severe life-altering consequences such as having your license revoked, spending time in jail, steep fines, and a permanent criminal record.

If you have been charged with a DUI, you must have solid legal representation who can work on building a strong defense on your behalf. The DUI defense lawyers of Hinkle Law, PLLC, have extensive experience handling DUI cases and will fight to protect your legal rights.

Contact our law firm and schedule a free no-obligation consultation so that we may answer your questions and explain your legal options.

Are DUI Charges Ever Dropped or Reduced?

Certain circumstances may have occurred during your DUI arrest that could result in your DUI charges being dropped or possibly reduced. They include:

  • The arresting officer lacked probable cause for pulling you over. Probable cause means you must have violated some traffic law, such as speeding, weaving back and forth between lanes, or failing to signal when changing lanes. If it can be determined that the arresting officer did not have probable cause to initiate the traffic stop, your case may end up being dismissed.
  • The breathalyzer or blood alcohol concentration tests were administered incorrectly, or the test results presented a false positive due to a software glitch, inaccurate calibration, or foreign substances like a breath freshener.

Do I Have to Submit to a Breathalyzer in West Virginia?

West Virginia has what is known as implied consent when motorists drive on the state’s roads. Implied consent means that when drivers operate a motor vehicle on the road, they are essentially giving implied consent to submit to a breathalyzer test after an arrest for a DUI.

If you refuse to consent to the breathalyzer test or any other sort of chemical test, you run the risk of having your license for 45 days for the rest of your life, depending on your individual circumstances. A second refusal can result in your license being revoked for a period of 5 to 10 years, and a third refusal can cause you to lose your license permanently.

How Long Can Your Driver’s License Be Suspended if Convicted of DUI?

The length of time that your driver’s license may be suspended or under revocation depends on past DUI convictions. The following details the length of time that a driver’s license is typically suspended based on DUI convictions:

  • First offense: Revocation of driver’s license for 6 months
  • Second offense: Revocation of driver’s license for 10 years
  • Third offense: Permanent revocation of driver’s license

West Virginia takes DUI convictions seriously and depending on the circumstances of your case, you could lose your driving privileges for the rest of your life. Keeping that in mind, it is in your best interests to retain a lawyer who understands DUI law and can fight to help you keep your license.

Why Do I Need a DUI Defense Lawyer to Represent Me?

If you have been charged with the crime of DUI, you may be considering just pleading guilty to get your case over with and try to go on with your life. However, a DUI conviction can result in life-altering consequences that can negatively affect you for the rest of your life.

Therefore, you need to take action immediately and hire a skilled DUI defense lawyer who can thoroughly evaluate your case and work with the prosecutors to reduce your charges or even have them dismissed. Additionally, our attorneys may be able to enter you into the West Virginia DUI Deferral Program, depending on the circumstances of your DUI. However, the Deferral Program is only available to first-time DUI offenders with a BAC of less than .15 percent.

If you are frightened of the consequences of your DUI arrest, contact Hinkle Law, PLLC, of Charleston, WV, by calling 304-944-0571 and ask to schedule a free no-obligation consultation to learn more about how we may be able to assist you.