Morgantown DUI Lawyer

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Morgantown DUI Attorney

As West Virginians commonly rely on cars as their means of transportation, this can lead to a lot of accidents. A large number of car accidents in the state are caused by drunk driving, which has serious associated charges and penalties. If you have been arrested for drunk driving in Morgantown, West Virginia, the Morgantown DUI lawyer at Crowe Law, LLC, can help you understand your charges, their implications, and help you fight back against them.

Because modern society is so reliant on the car and road system, not having access to a driver’s license can be devastating. You can lose the ability to take your children to school, get to work, or even complete basic tasks to lead an everyday life. At Crowe Law, LLC, our Morgantown based firm understands the importance of the driver’s license to the family. We can work with you to get it reinstated as quickly as possible.

DUI in West Virginia

A DUI in West Virginia refers to any incident that involves operating a motor vehicle under the influence of alcohol or other drugs intake. The legal limit of alcohol to have in your system while driving is measured by blood alcohol content, or BAC. The limit in the state is 0.08%. If the driver is under the age of 21, then the legal limit is 0.02%.

First Offense for DUI in Morgantown, WV

A first offense for a DUI refers to the first time that an individual faces charges for driving under the influence. Typically, this offense is charged as a misdemeanor, though it can be upgraded due to aggravated factors, such as having an excessive BAC. If you are facing a first-offense DUI in Morgantown, the DUI defense lawyer at Crowe Law, LLC, can assist you.

What Are the First-Offense DUI Penalties in West Virginia?

If you are facing first-offense DUI charges in West Virginia, you are likely wondering what the potential penalties that you are facing may be. In the state, there is no minimum jail sentence for first-time offenders if the BAC was under 0.15%. If the first offense involves a BAC of 0.15% or higher, there is a minimum sentence of 48 hours in jail and a maximum sentence of 6 months.

The Department of Motor Vehicles (DMV), assesses their own penalties for any DUI conviction, which can make matters complicated and confusing. An experienced criminal defense lawyer will help you understand all of the implications of your DUI charge.

Fines for a first offense DUI can range from $500 to $1,000 dollars. For a first-time non-aggravated offense, it is possible for the alleged defendant to lose access to their license for a period of 6 months. They may also be required to have an ignition interlock device, or IID, installed in their car for a period of 140 days. For cases with aggravating factors, the IID may have to be installed in the car for ten and a half months, and there could be a license suspension of up to one year.

First-Time Aggravated Offense DUI Penalties

It’s important to keep in mind that certain aggravating factors can cause a first-time DUI offense to be charged as a felony. Such aggravated instances include driving drunk with a minor in the car as well as causing an accident that leads to the serious harm or death of another individual.

Aggravated cases will have much stricter penalties, including longer mandatory prison sentences. If you are facing charges for a first-time DUI offense, it’s important to work with an experienced West Virginia DUI lawyer who can help you with key defense strategies, such as working out a plea bargain, negotiating for reduced sentences, or a sentence deferral.

Multiple West Virginia DUI Offenses

A second DUI offense in West Virginia is still classified as a misdemeanor offense. However, the associated penalties are much greater than a first offense. If you have been charged with a second or subsequent DUI offense in Morgantown, it is important to get in touch with an experienced criminal defense lawyer who can help you manage the civil and criminal processes associated with an arrest.

Penalties for Multiple Morgantown, West Virginia, DUI Offenses

A second arrest for a DUI can result in jail time or probation for a minimum of six months, with a maximum time of one year. The fines associated with a second DUI arrest with non-aggravated charges range from $1,000 to $3,000. In addition to this, you will face a longer driver’s license suspension.

If your DUI charges are for a third or subsequent West Virginia offense within a period of 10 years since your last conviction, then you will likely be facing felony charges. Such charges can be associated with $3,000 to $5,000 in fines and a period of two to five years of jail time. Furthermore, you will need to have an IID installed for a period of four years, or you could be facing indefinite license revocation.

If you are facing these severe charges, then it is important to get in touch with a DUI lawyer as soon as possible. The passionate DUI attorney at Crowe Law, LLC, can work with you to collect and analyze evidence from the case, including the details of the arrest, to come up with an optimal defense strategy for your case.

DUI Felony Charges in West Virginia

Certain aggravating factors can cause DUI charges to be classified as a felony. If you are convicted of three DUIs within a time period of 10 years, this is a felony offense. Involuntary manslaughter, in which an individual was killed as a result of the accident, is also a felony offense.

A case is also charged as a felony if one or more people were severely injured as a result of the accident. Furthermore, if a person is charged with fleeing law enforcement during a DUI arrest, this is also a felony offense. The knowledgeable DUI lawyer at Crowe Law, LLC, can help you build a comprehensive strategy to build a strong defense against your felony charges.

Penalties for DUI Felony Charges in West Virginia

DUI felony charges are more severe than DUI misdemeanor charges. The exact charges associated with your case can depend on various factors, including the aggravating factors involved, your criminal record, and the prosecuting attorney on your case.

Charges for a felony DUI can result in a maximum of five years in jail if convicted. Furthermore, alleged defendants may have to pay up to $5,000 in fines, with additional fees such as court costs. Their license may be taken away for the rest of the driver’s life as well. If you are facing felony DUI charges in West Virginia, the criminal defense attorney at Crowe Law, LLC, can support you and fight for reduced or dropped charges.

West Virginia DUI Defense Strategies

If you have been arrested for driving drunk in West Virginia, then there are a myriad of comprehensive defense strategies that Crowe Law, LLC, can employ to help fight your charges. Such defense strategies include the following:

  • Proving That the BAC Test Contained Errors: Often, the equipment for collecting blood tests and breath tests can prove to be faulty or calibrated incorrectly. Test errors can be a result of incorrect administration when handling or processing the sample.
  • Fighting the Evidence Against You: We will closely scrutinize all the evidence that the prosecution is holding against you, including videos, photos, police reports, medical records and witness testimony. We can look for inconsistencies or instances in which your rights may have been violated.
  • Proving That the Stop Was Unlawful: If it can be proven that law enforcement did not have a valid and lawful reason to pull you over, then all the evidence collected against you at the stop must be suppressed, and your case will likely be dropped.
  • Negotiating With the Prosecution: Depending on the details of your case, our firm can negotiate a plea deal with the prosecutor on your behalf. We can also work toward getting your charges reduced or dismissed.

The DUI defense strategy for a West Virginia DUI case will vary depending on the details of the case. It could even involve a combination of multiple strategies to get an optimal case outcome. The DUI attorney at Crowe Law, LLC, has vast experience working with cases similar to yours. Our firm can leverage our knowledge to come up with a customized effective defense strategy to optimize your case outcome.

A West Virginia DUI Defense Lawyer Can Defend You Against DUI Charges

Facing DUI charges in West Virginia can feel overwhelming and even hopeless. That’s where our compassionate law firm can help. Whether you are facing a first-time DUI offense or you are facing felony charges, our Morgantown defense attorney has the experience and knowledge required to take on your case. We can work with you to understand your case details as well as address your questions and concerns.

Based on factors such as your criminal history, the circumstances of your arrest, and the evidence against you, we can work together to create a robust defense strategy. Contact Crowe Law, LLC, today to get started with fighting your West Virginia DUI charges.


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