DUI Accidents Lawyers in Charleston, WV, Providing an Aggressive Legal Defense For Clients
If you have been arrested and accused of causing a DUI accident, you could face time in jail, revocation of your driver’s license, as well as a civil lawsuit if others were injured in the accident. Even if this is your first DUI offense, you could spend up to 6 months in jail and pay steep fines. Lastly, a DUI accident conviction could leave you with a permanent criminal record that could haunt you for the rest of your life.
One of the first steps you must take to protect your future and your driving privileges is to hire an experienced DUI accident attorney who will launch a strong defense on your behalf. Contact our law offices and ask to schedule a free consultation with a qualified legal team member to learn how we may be able to help you.
What Are the Penalties For Causing a DUI Accident With Injuries?
If you are convicted of causing a DUI accident that results in an individual suffering bodily injuries, you face one day to one year in jail and a fine ranging from $200 to $1,000. Additionally, your license will be revoked for a period of two years.
Similarly, if you are convicted of causing a DUI accident that resulted in the death of another person within one year of the date of the offense, you face a sentence of 90 days up to one year in prison. You also will be ordered to pay a fine ranging from $500 to $1,000 and your driver’s license revoked for five years.
However, suppose it can be demonstrated that you operated a motor vehicle with a reckless disregard for the safety of others. In that case, you face a sentence of one to 10 years in prison, a fine ranging between $1,000 to $3,000, and a revocation of your driver’s license for ten years.
What Are the Eligibility Requirements for the West Virginia DUI Deferral Program?
To be eligible for the DUI Deferral Program, there are certain legal requirements that you must meet. They include:
- First time being charged with a DUI-related offense.
- The individual may not have any prior DUI convictions in other states.
- The individual may not have previously had their license suspended for DUI in other states.
- The individual may not hold a commercial driver’s license.
- A BAC of less than .15 percent
- The individual cannot be charged with any other DUI-related charge, such as having a minor in the car or DUI with injury.
If you meet the eligibility requirements, a skilled DUI lawyer may be able to negotiate with the prosecutor to help you gain admission to this program. The DUI lawyers of Hinkle Law, PLLC, are skilled negotiators and have vast experience in assisting clients in having their charges mitigated.
Can I Lose My License For Refusing a Field Sobriety Test?
Unlike other areas of the country, West Virginia is one of the few states that does not penalize drivers suspected of DUI for refusing a field sobriety test. Many individuals have trouble completing the tests due to various physical conditions, and if you fail the test, this can give the law enforcement officer probable cause to arrest you.
However, if you refuse a blood or urine test, you face having your license revoked for a year. Added to this is the fact that refusal to take blood or urine tests renders you ineligible to participate in the DUI Deferral program.
Why Do I Need a DUI Accident Lawyer?
If you have been charged with a DUI accident or any other offense related to driving under the influence, you must hire an attorney who can fight to protect your freedom. DUI accidents are taken seriously in West Virginia and can negatively affect you for the rest of your life.
Depending on the circumstances, a skilled DUI accident lawyer can work with the prosecution to have your charges reduced or possibly dismissed. If you are a first-time offender, a well-trained DUI lawyer can argue that you deserve a second chance and request that you be placed into the deferral program.