Morgantown DUI Lawyer

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Morgantown DUI Attorney

If you are charged with driving under the influence of drugs and alcohol, you might start to panic about your future. You’re probably wondering if you will be able to drive again, how long this will be on your record if you go to jail, and if you will have to pay expensive fines. To relieve your panic, you need to quickly contact a Morgantown DUI Lawyer to provide informed legal guidance for your case.

At Meadows Law Office, I understand how frightening a DUI charge can be. I have a proven track record of successfully standing up for Morgantown residents facing DUI charges, and I want to support you, too. No matter how serious your charges are, I can take a close look at your case and advocate on your behalf.

What Is a DUI?

If you are charged with a DUI in Morgantown, you are being charged with operating a vehicle under the influence of alcohol, controlled substances, or drugs. You might also hear this called a DWI (Driving While Intoxicated). In order to be charged with a DUI, your blood alcohol content has to be above 0.08% in most cases.

In the event that you are convicted, you can expect to face criminal liability like fines and time in either jail or prison. The penalties that you face for your DUI will depend on your history of similar offenses, the impact of your actions, and what your blood alcohol content was when you were behind the wheel.

What Are the Penalties for a DUI in West Virginia?

The consequences you will face for your DUI will vary depending on the details of your specific situation. For instance, you might face a small misdemeanor charge if it was your first offense and you did not cause any damage. On the other hand, if you harmed another person or property as a result of your actions, you can expect to face harsher penalties.

  • First Offense: If you had a blood alcohol content between 0.08% and 0.149%, and this was the first you were charged with being intoxicated on the road, then you will likely be looking at facing up to six months in jail and paying fines of $100 and $500 if you are found guilty. Your driver’s license might also be suspended for a minimum of 90 days.
  • Second Offense: If you have been previously convicted of a DUI within the last decade, then you can expect to face harsher punishments than if this was your first offense. For instance, you can expect to face no less than six months and up to one year in jail and fines of up to $3,000.
  • Third or Subsequent Offense: If you have more than two DUIs in the last ten years, and you are convicted of another one, then you can anticipate spending between one and three years in prison and a fine of between $3,000 and $5,000. You might also face a license suspension of one year and three years of required participation in the ignition interlock program.
  • Aggravated DUI: If your blood alcohol content was 0.15% or greater when you were driving, you are going to be looking at tough penalties. For instance, you can expect to face at least 48 hours and up to six months in jail on top of a pricey fine between $200 and $1,000. You will also not be able to use your license for at least 45 days and have to participate in the ignition interlock program for 270 days.
  • Underage DUI: If you are under the legal drinking age of 21 and you are charged with DUI, you can expect a harsh punishment for breaking two laws. If your blood alcohol content is between 0.02% and 0.079%, you will not have to go to jail, but you will have to pay a fine of up to $100. You will also face a license suspension for 60 days or 30 days if you agree to participate in the ignition interlock program for five months.
  • DUI With Injury: If you are under the influence of mind-altering substances while driving and you hurt someone besides yourself, you are in for a tough sentence. You will have to go to jail for between 24 hours and one year and have to pay a fine of between $200 and $1,000, depending on the severity of the situation. You could also have your license suspended for two years or 60 days if you participate in the ignition interlock program for one year.
  • DUI That Results in Death: If you are intoxicated while driving and your actions result in wrongful death, you might be charged with a felony. This could lead to you spending between two and ten years in jail and having to pay a hefty fine of $1,000 to $3,000. Your driver’s license could also be taken away for ten years or one year if you participate in the ignition interlock program for two years.
  • DUI With a Minor in Your Car: If you are intoxicated behind the wheel of your vehicle and you have someone under the age of 16 as a passenger, you will be looking at at least 48 hours to up to one year in jail and fines of between $200 and $1,000. You can also expect a license suspension of one year or two months, followed by ten months in the ignition interlock program.

What to Do if You’re Charged With a DUI in Morgantown

If you are pulled over or arrested for driving under the influence in Morgantown, you need to contact a DUI attorney as soon as possible. A DUI defense lawyer is a legal professional who is trained in criminal law and focuses on defending people who have been charged with drunk driving and driving while under the influence of other controlled substances.

The right criminal defense lawyer will have an in-depth understanding of how to craft a strong defense strategy tailored to the circumstances of your case. They can also help with all of the following things, including:

  • Giving You Advice and Information: You are likely overwhelmed and confused about what will happen next. After hearing about your specific situation, your lawyer can help you understand the implications of your charges for your future. Your lawyer can also help you understand what the optimal legal path to go down is.
  • Negotiating in Your Interests: One of a lawyer’s greatest powers is their ability to negotiate. Fluent in the intricate rules of the West Virginia legal system and armed with a strong defense strategy for you, your lawyer can carefully negotiate to try to get you a positive outcome.
  • Fight for You in Court: Your DUI case might very likely not go to court. However, in the event that it does, your lawyer will be there with a strong argument and solid evidence that supports your interests.

You might understandably want to get in touch with the first lawyer you think might be able to help you on your case, but you should reflect on your options when you choose who will represent you. To protect your interests, it is important to hire someone who has proven experience handling your type of DUI case and who can give your case the individualized attention you deserve.

Potential Defenses for a DUI Charge

You might feel hopeless after a DUI charge and feel like there is no way that you can defend yourself. However, your lawyer will show you that there are actually many ways to stand up for yourself in the wake of a DUI charge. For example:

  • Inaccurate Testing: Your lawyer might be able to question the accuracy of the breathalyzer test that law enforcement officials used to calculate your blood alcohol content.
  • Lack of Probable Cause: Your attorney might also be able to show the court that the law enforcement did not have a valid reason to stop you on the road or detain you.
  • Medical Conditions: If you have a medical condition or take a medication that might have resulted in a false positive result on the breathalyzer, your lawyer can help the court understand this.
  • Witness Testimony: If there were witnesses that could challenge the testimony of the law enforcement officer who arrested you, your lawyer might bring this to the attention of the court.

Depending on the facts involved in your unique case, your lawyer might also be able to develop a different type of strategic defense. First, you need to contact an attorney and consult with them about your situation in order to secure such a strong defense for yourself.

An Aggressive DUI Defense Lawyer in Morgantown

If you are searching for legal help after a DUI in Morgantown, our team at Meadows Law Office can help. I know how hard it can be to navigate West Virginia’s incredibly complex legal system, and I believe you should not have to do so by yourself. Contact us today for more information about our services and useful resources.


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