Clarksburg Underage DUI Lawyer

Clarksburg Underage DUI Attorney

Driving under the influence while being under 21 years old is a serious charge that can have long-lasting consequences on a person’s life, employment, relationships, and even schooling. A Clarksburg underage DUI lawyer understands the kind of help you need and can assist every step of the way.

At Crowe Law, LLC, we are committed to offering strong and aggressive representation for our clients who are facing criminal charges, including those for underage DUI. With an extensive background in criminal defense and DUI charges in West Virginia, Patrick Crowe can help you understand the severity of the charges faced, as well as how to reach a desirable outcome. Hire an underage DUI lawyer who can protect your freedom and future.

The Importance of Having an Underage DUI Lawyer

West Virginia has a zero-tolerance policy on underage drinking and driving, which means that state laws are inherently punitive towards this type of offense. Minors may be subject to harsh sentences or hefty fines. An experienced Clarksburg underage DUI lawyer can help you navigate these laws and the legal system. These cases are complex, and a lawyer can listen to your concerns, discuss available options, and craft a detailed defense.

What To Do After an Underage DUI Charge in Clarksburg

When questioned by the Clarksburg Police Department, you have the right to remain silent and have legal representation. You may choose to speak only with a lawyer present. Anything that you say could be used against you in court. Your underage DUI lawyer can assist with gathering evidence, collecting witness testimonies, and reviewing the facts. These cases require proper procedure, and failure to adhere to protocol by law enforcement can lead to a dismissal of charges.

Defenses for Underage DUI Charges in Clarksburg

To determine that a person has been driving under the influence of alcohol or other illicit substances, there are several factors to consider, as well as a specific procedure to follow. A meticulous Clarksburg underage DUI attorney may review the events leading to the arrest and build a suitable defense. This may include:

• Faulty Breathalyzer and BAC administration. Breathalyzer and Blood Alcohol Concentration (BAC) tests are used to determine whether an individual has concentrated levels of alcohol in their breath and blood. Equipment can be faulty, not properly calibrated, or administered by an unqualified individual.
• Legality of the traffic stop. A police officer needs reasonable suspicion to conduct a traffic stop. They may consider speed, swerving across lanes, erratic driving, etc. Nonetheless, failure to articulate the reasons for the stop can undermine the accusations brought against the client.
• Medication. Some medications may show similar symptoms to being intoxicated. If a client believes that a high BAC level was due to medication, an attorney can help challenge the charges.
• Failure to follow protocol. Law enforcement is required to follow specific protocol before booking someone for a DUI. If an officer does not take blood alcohol measurements before the arrest, for example, the DUI charges may be contested.

Underage drinking costs West Virginians each year to cover medical expenses, pain and suffering, and loss of employment. Underage impaired driving has led to a 0.7 fatality rate per 100,000 people. The state may prioritize deferring the case to a Harrison County Circuit Court or Magistrate Court, both of which are located in Clarksburg, to ensure the accused receives a formal sentence and penalties.

Underage DUI Laws and Penalties in West Virginia

Per West Virginia Code §17C-5-2, any person under 21 years who is found to be driving under the influence on a public highway or road may be subject to the following:

• First-time offenders may face fines of not less than $25 and not more than $100. They may also have their driver’s license suspended for a period of 60 days.
• Repeat offenders may be charged with a misdemeanor and, upon conviction, serve a jail sentence of 24 hours. They may be fined not less than $100 and not more than $500. Their driver’s license may be suspended for a specific period of time.
• Underage DUI charges resulting in the injury of another may lead to serving a jail sentence of not less than 24 hours and not more than one year. Fines may range between $200 and $1,000.

FAQs

What Is the BAC Limit for Minors in West Virginia?

The BAC limit for minors in West Virginia is a Blood Alcohol Concentration limit of 0.02 percent. Underage drinking is strictly prohibited, and the smallest amount of alcohol concentration can result in fines and/or serving jail time. A BAC over 0.02 percent can lead to severe punishment and hefty fines.

Can I Have My Records Expunged in West Virginia?

Yes, it is possible to have DUI records expunged in West Virginia. First-time offenders who successfully complete the Motor Vehicle Alcohol and Drug Test and Lock program are eligible to request an expungement of their criminal record as it relates to the offense. Current charges may also be dismissed. Repeat offenders do not qualify for this opportunity.

What Is the Test and Lock Program in West Virginia?

The test and lock program is an opportunity for DUI offenders to have their driving privileges restored. Applicants must be 18 years old, have an active DUI revocation, and must enroll in a Safety and Treatment program within 60 days. An interlock device will be installed in the person’s car, which can track BAC levels.

Who Oversees the Test and Lock Program in Clarksburg?

The Department of Motor Vehicles (DMV) is responsible for reviewing applications for the test and lock program. Interested applicants may choose to apply at the DMV Office on 153 W Main St. This may seem intimidating, but the Department of Motor Vehicles is not law enforcement. Initiatives like test and lock allow reflection and a return to everyday life.

Hire an Underage DUI Lawyer Today

The dedicated legal team at Crowe Law, LLC, can be there to guide you every step of the way. We are knowledgeable about West Virginia underage DUI laws and have the skill and experience to help you navigate this life-altering process. Contact us today for a free consultation.