Berkeley County DUI Lawyer

Penalties for a DUI in West Virginia

Under Section 17C-5-2 of the West Virginia Code, “any person who drives a vehicle in this state while he or she is in an impaired state and such impaired state proximately causes the death of any person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than 15 years and shall be fined not less than $1,000 nor more than $3,000: Provided, That any death charged under this subsection must occur within one year of the offense.”

First-Time DUI Offenders in West Virginia Potentially Face:

• License suspension
• Criminal fines between $25 to $100
• Up to a year in jail
• The possible installation of an ignition interlock device (IID)

Second offenders and beyond will face harsher fines that can go as high as $5,000, a year-long license suspension, jail time that could last years, and the installation of an IID.

Contact us today at (304) 867-0049 to schedule a free consultation with our Berkeley County DUI attorney!

Does a DUI Stay on Your Record in West Virginia?

Yes, but not permanently. It will stay there approximately 11 years. Keep in mind, your licence will also be suspended or revoked depending on the amount of times you were charged with a DUI.

Understanding the DUI Process in West Virginia

Being charged with a DUI can be a stressful and overwhelming experience. It's important to understand the legal process and your rights when facing a DUI case in West Virginia. Our experienced Martinsburg DUI lawyer at Sutton & Janelle, PLLC is here to guide you through each step of the process and provide you with the best defense possible.

Key aspects of the DUI process in West Virginia include:

• Arrest and booking procedures
• Administrative license suspension hearings
• Court appearances and plea negotiations
• DUI trials and potential penalties

By having a knowledgeable DUI attorney on your side, you can navigate the legal system with confidence and work towards the best possible outcome for your case.

Can You Get a Job With a DUI?

If you have been arrested and/or convicted of drunk driving, you may be wondering what kinds of consequences you might face beyond those imposed by a judge. Specifically, you may be wondering if your DUI charges will affect your current job or your ability to get a job at any point in the future.

A DUI conviction can affect your job or your ability to get a job even if the work has nothing to do with driving. There are only fourteen states with laws requiring that potential employers prove that an individual’s conviction is relevant to the job in order to deny them employment. West Virginia is not one of them.

How DUI Affects Employment & Future Job Applications

In addition to doing criminal background checks, employers can Google a person’s name to see if any suspicious search results pop up. A drunk-driving arrest is often publicly reported and will likely be visible in a Google search even if it never ended in conviction.

Here Are Some Things to Consider:

• What to include on your job application: If you have been arrested on suspicion of driving under the influence but have not been convicted of a DUI, you only need to include this information on a job application under specific circumstances. If a prospective employer specifically asks you if you have ever been arrested, then you may need to disclose this information. However, you need not discuss your arrest if a job application only asks if you have ever been convicted of a crime. Failure to provide information about an arrest or conviction when directly asked on a job application could be considered fraud.
• DUI conviction vs. DUI arrest: You are more likely to be affected by a DUI conviction during a job application process than you are an arrest that does not ultimately end in conviction. If you have been convicted of a DUI, you will need to relay that information if a prospective employer asks if you have been convicted of a crime. This procedure applies whether you were found guilty or pleaded no contest to a DUI charge.
• When including it on your job application is not necessary: If your conviction has been expunged, you may leave your conviction off a job application. In addition, you may leave off information about a misdemeanor DUI conviction if an application asks specifically about felony convictions.

If you have been arrested for drunk driving and the arrest was made public, you may not be able to prevent employers from finding the arrest record online. However, it is crucial to do all you can to make sure your DUI arrest does not turn into a DUI conviction, as this could have even more serious consequences for your career and your life in general. For these and many other reasons, you should seek the help of a Martinsburg DUI defense attorney with experience and expertise in defending against DUI charges in Berkeley County.

Our Martinsburg DUI Lawyer Makes Defending Your Rights Our First Priority

If you were charged with a DUI, you should not hesitate to call for a lawyer as soon as it is possible. At Sutton & Janelle, PLLC, we have a particular focus on handling DUI cases in Martinsburg and beyond. Because of our detailed knowledge and skill, we have earned countless favorable outcomes for our clients in Berkeley County and throughout West Virginia.

Even for first-time offenders, it is of the utmost importance that you do everything in your power to defend against the charges. Our Berkeley County DUI attorneys are here to help you get the charges reduced or even dropped entirely.

Helpful Resources

If you or someone you know is suffering from substance abuse or addiction, we have provided some resources below that could help.

• https://www.help.org/drug-abuse-hotline/
• https://www.help.org/prescription-drug-addiction-and-abuse
• https://www.help.org/fentanyl-addiction/
• https://www.help.org/methamphetamine-addiction/