Berkeley County Suspended License Attorney

Experienced Martinsburg DUI Defense Attorneys Ready to Assist

For more than 15 years, our attorneys at Sutton & Janelle, PLLC have served Berkeley County with aggressive legal representation for all DUI cases. Our lawyers have extensive experience representing clients who have lost their driver's license privileges, and we work tirelessly to help you get these freedoms reinstated.

Immediate License Suspension After a DUI in West Virginia

In DUI cases, license suspension typically follows a failed breath or blood test or a refusal to take such tests when requested by law enforcement. The consequences of a revocation can be severe, affecting employment, daily activities, and personal freedom.

In order to reinstate your license, you must complete a prescribed DUI safety and treatment program. Participants in the WV Alcohol Test and Lock Program (Interlock) must complete minimum revocation periods in order to maintain their licenses.

Steps to Regain Your Driving Privileges in West Virginia

When a person is arrested for DUI, law enforcement often administers a chemical test to measure blood alcohol concentration (BAC). If the result shows a BAC of 0.08% or higher, or if the individual refuses to take the test, the officer will issue a notice of suspension on the spot. This notice serves as a temporary license and will indicate the impending revocation of driving privileges.

If you want to get your license back in West Virginia after a DUI conviction, you'll need to request a hearing in addition to court proceedings. The Office of Administrative Hearings handles hearings for the DMV. Your Berkeley County license suspension attorney or you can request the hearing.

This request must be made within a specific timeframe, often 10 days from the notice of suspension. During the hearing, evidence will be presented to determine whether the suspension was justified. The burden of proof lies with the state to show that the driver was operating a vehicle under the influence.

Following the hearing, the administrative law judge will issue a decision. If the revocation is upheld, the individual will face a suspension period defined by law.

Types of DUI License Suspensions in West Virginia

In West Virginia, DUI-related license suspensions can vary based on several factors, including the circumstances of the offense and whether it is a first-time or repeat offense. Here’s an overview of the main types:

• Administrative License Suspension: This type of suspension is immediate and occurs when a driver is arrested for DUI. If a driver has a blood alcohol concentration (BAC) of 0.08% or higher, or refuses to take a chemical test, law enforcement will issue an administrative suspension. It typically lasts for 90 days for first-time offenders, with longer periods for repeat offenders. A temporary permit may be issued for a limited time following the arrest, usually valid for 30 days.
• Judicial License Suspension: This suspension is a result of a conviction in court. If a driver is found guilty of DUI, the court may impose a judicial suspension. Duration varies based on the number of prior offenses. First-time offenders may face a suspension of up to 6 months, while repeat offenders can receive longer suspensions.