Hinkle Law

Hinkle Law

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DUI Defense Lawyers in Hagerstown, MD

Fighting Aggressively For Your Rights

Being arrested and charged with a DUI offense is a serious matter that requires the skill of an experienced attorney. Even if this is your first DUI, you could be required to pay steep fines, lose your driver’s license, and possibly spend time in jail.

One of the first things you must do to ensure your rights are protected is to hire a DUI lawyer who can immediately start to build a strong defense on your behalf. Contact Hinkle Law, PLLC of Hagerstown, MD, and ask to schedule a free no-obligation consultation to learn how we may be able to help you.

What Are the Penalties if Convicted of a DUI in West Virginia?

Even for a first offense, the penalties for DUI in West Virginia can be very steep and grow substantially with each subsequent violation.

  • First offense: An individual may have their driver’s license revoked for 6 months, a fine of $100 to $500, and one day to 6 months in jail.
  • Second offense: An individual convicted of a second DUI offense within 10 years of the first offense may have their driver’s license revoked for a period of 10 years, a fine of $1,000 to $3,000, and 6 months to one year in jail.
  • Third DUI offense: An individual convicted of a third DUI offense within 10 years of any previous offenses will have their driver’s license revoked for life, a fine of $3,000 to $5,000, and one to three years in prison.

What is the West Virginia DUI Deferral Program?

The West Virginia DUI Deferral Program was designed to help individuals who have been charged with a first-offense DUI eventually have their charges dismissed and their arrest record expunged. However, certain eligibility requirements must be met before an offender can be granted entry into the program.

The eligibility requirements include:

  • The offender’s BAC must have been recorded at less than .15%
  • The offender must not have any prior DUI convictions from anywhere else in the United States.
  • The offender must not have had any prior driver’s license suspensions.
  • The offender may not have any other DUI-related charges, such as a DUI with a minor in the car or DUI with Injury.
  • The offender cannot hold a commercial driver’s license (CDL).

Does A DUI Conviction Stay on Your Permanent Criminal Record?

If you can successfully meet all of the terms and conditions outlined by the court, you may petition the court to have your DUI conviction expunged. After one year from the date of your dismissal, you may present a motion to the court for an order expunging your conviction. The prosecuting authority will have 30 days to respond to the motion. If the prosecuting authority poses an objection to the motion, the court will hold a hearing in open court to determine the outcome of the petition.

Several conditions must be met to have a DUI conviction expunged which include:

  • An individual is only eligible for the deferral program once in their lifetime.
  • The individual may not violate any terms or conditions associated with the interlock installation agreement during the 165-day period of vehicle installation.
  • The individual may not incur another violation while the deferral program is in process.
  • If a violation does occur, the court has the legal right to terminate the deferral program and revert to the original plea that will stand as a permanent conviction.

How Can Your Law Firm Help Me Fight a DUI Charge?

When you have been charged with a DUI, you need an attorney who will fight aggressively for your rights. Many individuals frequently make the mistake of just pleading guilty to a DUI to get it over with instead of hiring a lawyer.

Our first step will be to thoroughly evaluate your case to determine the strength of the evidence the state has against you. In many instances, the blood or urine tests were administered incorrectly and therefore must be thrown out. Furthermore, we will also work to determine if the police had probable cause to stop you in the first place. Lastly, we may also be able to work with the prosecution to help you gain entry into one of several programs designed to help DUI offenders.

Contact Hinkle Law of Hagerstown, MD, by calling 240-226-3313 and ask to schedule a free consultation to learn how we may be able to help you.