
Berkeley County Underage DUI Attorney
Providing Compassionate & Knowledgeable Counsel
Being charged with driving under the influence (DUI) can be a terrifying experience, especially if you are under the legal drinking age of 21. In West Virginia, if you are under 21 and caught driving with any trace of alcohol in your system, you will be charged with a DUI. Consequently, you will face the same penalties as someone who is over 21, including fines, jail time, and a license suspension.
At Sutton & Janelle, PLLC, we understand how overwhelming this situation can be, which is why our Berkeley County underage DUI lawyers are here to provide you with the compassionate, yet aggressive legal counsel you need. We will walk you through the entire process, help you understand your available options, and work to build a strong defense strategy on your behalf.
Don’t face these charges alone; call our firm at (304) 867-0049 to schedule a consultation with our Berkeley County underage DUI attorneys in West Virginia. We are here for you.
What Is the Legal Alcohol Limit for Someone Under 21?
As mentioned above, if you are under 21 and are found to have any trace of alcohol in your system while operating a vehicle, you will be charged with a DUI. This is because West Virginia has a zero-tolerance policy for underage drinking and driving. Even if you are under the legal drinking age and have a blood alcohol concentration (BAC) of .02%, you can be charged with a DUI. For reference, a BAC of .02% is the equivalent of consuming one alcoholic drink.
It is important to note that, unlike the standard DUI charge, an underage DUI does not require that the prosecution prove you were “under the influence” of alcohol. Instead, the prosecution merely needs to prove that you had any trace of alcohol in your system.
What Are the Penalties for an Underage DUI in West Virginia?
As mentioned earlier, the penalties for an underage DUI are the same as they are for a standard DUI charge. However, it is important to note that, if you are under 21, you are not eligible for a probationary driver’s license, regardless of the circumstances surrounding your arrest. This means that your license will be suspended for a minimum of 30 days and you will not be able to apply for a reinstatement until that period has passed.
Other penalties for an underage DUI conviction include:
- Fines ranging from $100 to $500
- Between 2 days and 6 months in jail
- Required participation in the state’s Alcohol Safety and Action Program (ASAP)
- Installation of an ignition interlock device (IID)
- Community service

Our Values
What Our Work Means To Us
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We will treat you with the care, compassion, and respect that you deserve. We will work to understand your goals on a personal level so that we are better able to achieve them. Your success is our main priority. Let us serve as your zealous and trusted legal advocates.
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We will prioritize your satisfaction every step of the way. We genuinely care about your success and will devote our time and energy to your case. We will inform you of your rights and help you make informed decisions. With our legal team in your corner, you may obtain the upper hand in court.
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When you enlist our supportive assistance, you will receive the one-on-one attention and individualized support that you deserve. We will not treat you as just another case number. We will not hand your case off to a paralegal. Our attorneys will personally handle each aspect of your case.
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With our extensive experience and proven track record of success, you can be confident in our ability to successfully resolve your complex legal matter next. We have a complete understanding of the laws pertaining to your case and will fight tirelessly in order to exceed your expectations.
Understanding the Consequences of Underage DUI
Being charged with an underage DUI can have serious and lasting consequences. In addition to potential legal penalties, such as fines and license suspension, a DUI conviction can also impact your education, employment opportunities, and future prospects. It's important to understand the full scope of the potential consequences and to have a knowledgeable attorney on your side to help navigate the legal process.
Our team at Sutton & Janelle, PLLC is dedicated to providing compassionate and experienced legal counsel for underage DUI cases. We understand the unique challenges that young individuals face when dealing with DUI charges, and we are committed to helping our clients achieve the best possible outcome for their case.
When facing underage DUI charges, it's crucial to have a strong defense strategy in place. Our Berkeley County underage DUI attorneys have the expertise and resources to build a solid defense tailored to your specific circumstances. We will work tirelessly to protect your rights and advocate for the most favorable resolution for your case.

