I've was charged with my second DUI on December 5th, but I went through the deferral program for the first DUI, so this is a first offense DUI. I blew a .07 and I am 20 years of age. I have records that i finished all of my classes and reports on ...
The hidden, wholly unfair and misleading aspect of West Virginia's deferral program -which is the exact same as most every state in the country that has these bs cookie cutter DUI first offense laws, that unless you have competent well trained DUI counsel you will never know, is that your "conditional guilty plea" IS an actual guilty plea and conviction IF you ever get another one. In that it then can be used to up the new arrest to a second offense. Like most states that have these farces of law, it's deep in the wording of the statute that can be used to enhance a subsequent dui charge, which is why judges, prosecutors and cops love them. You come in, promised this and that, don't need a lawyer, just plead guilty and lay over and we promise you a dismissal and arrest record expunction so long as you pay the interlock company several hundred dollars for six months. But what they never tell you is if you ever misstep again, that guilty plea will grow lungs and life as a real conviction and be used against you as if it never disappeared as once promised. Long story short.. regardless of getting the first one "dropped" or not, your guilty plea to that one alone seals the deal for your new one to be a righteous prosecutable second offense.See question
Got dui in west Virginia in 1984 and then a dui in 2010 and they gave me a life time ban on my cdl license
Unfortunately the law is very clear in West Virginia: Two DUI suspensions or convictions in one's lifetime is a disqualification of CDL privileges for life.See question
I got a dui in 1990 in wv at that time I lived in nc paid fine and 24 hours in jail is there any way to get around paying 400.00 to take dui class I've not drank now foor 16 years
Unfortunately no and no is the answer, regardless of how long ago or your conduct in the interim years. Best wishes.See question
My son is a WV resident, he was pulled over in Ohio they requested a urine sample. After 3 separate court dates for continuance (because the urine results were not back yet) my son finally pled no contest per his public defenders advise. In Ohio, ...
The time, money and what would get in return to have corrected from alcohol first to marijuana first would not be worth it in my opinion. They are both first offense convictions to which have the same practical result. A dui non aggravated alcohol though can get WV license back in 15 days versus 90 days if citizen agrees to blow and go for 120 days. Must do 18 hour safety treatment course as well which DMV can advise of nearest location plus reinstatement fee over phone to them as well. Getting throw out in this scenario not an option. Best of luck.See question
I pled guilty to OVI in Ohio, even though I was not impaired at the time,I had marijuana in my system from prior use, under Ohio law that means I'm guilty of OVI. I am a West Virginia resident, WV does not have this law that im aware of. I just r...
West Virginia does not afford work privileges on a license suspension and no interlock (blow and go) on a dui drug/marijuana suspension. The mistake was pleading guilty and not challenging the evidence against you with a competent well trained attorney in this field of law. Now, you have to take and complete the safety treatment program (dui cases) pay reinstatement fee and await expiration of 90 days to be reinstated. Best wishes.See question
Can a field sobriety test results be used at trail .in the state of wv .no breath or blood was taken at hospital or jail .
Yes, the administration of roadside field sobriety exercises can be presented by the state at trial; however, their limited design and purpose is to assist the officer in making the probable cause to arrest decision. That is their limited value only and only even that level 'if' administered in strict compliance with the National Highway Traffic Safety Administration administration guidelines.See question
I have an underage citation hearing coming up. Here's what happened. Because of a noise complaint university police showed up to our apartment (in a university owned building). A roommate of mine, who was severely intoxicated, answered the door. T...
You want to request a hearing and seek to speak to alcohol/dui defense counsel. That would go on your record if plead to it and from your description you clearly are not guilty.See question
Need to get driver license
The classes are a mandatory component in WV no matter the time lapse, and must be taken in person at an approved course. Second offense minimum of 24hours required.See question
I am an 18 year old Maryland resident who was visiting a friend in West Virginia when I received an "underage consumption of alcohol". I have a municipal court summon and am wondering whether if this will affect my record and if so is there an exp...
If you plead guilty or no contest to public intox in WV, it will remain on your record and is not eligible to be expunged.See question
If my first dui was dismissed in court (arresting officer was a no show ) will my driving record be clean?
No, the administrative side of a DUI case in West Virginia is wholly separate and apart from the criminal court. If there was a suspension issued by the WV DMV related to the DUI case, it will be on the driving record. Go to your local DMV and request a copy of your driving record.See question