Clarksburg WV DMV Hearings

At Mountaineer Criminal Law Group, we provide outstanding legal representation for DMV DUI hearings. Our skilled team ensures that you have the strongest possible defense as you face charges related to driving under the influence (DUI). We are here to help you understand the complex legal systems in place and guide you toward a favorable resolution.

Understanding How DUI Proceedings Have Changed

The Two-Court System Before July 1, 2020

Prior to the implementation of West Virginia’s Senate Bill 130, DUI cases triggered two separate court proceedings. If you were arrested before July 1, 2020, you would face:

  • An administrative license revocation case in the Office of Administrative Hearings.
  • A criminal case in a separate court for the DUI charge.

This meant appearing in different courts, possibly in different cities, with varying judges and juries. The dual-court process was often burdensome and time-consuming.

Changes After July 1, 2020

For DUI arrests occurring after July 1, 2020, Senate Bill 130 simplified the process. Now, cases are unified under one court, streamlining the proceedings. However, if your DUI case occurred before this date, the original system still applies. You may need to follow through with the administrative hearing process until it was officially dissolved on July 2, 2021. Cases unresolved by that date were dismissed.

Dealing with these changes can be overwhelming, which is why consulting an experienced Clarksburg DUI attorney is essential. At Mountaineer Criminal Law Group, we have guided countless clients through these transitions and ensured successful outcomes.

Phasing Out DMV Hearings

The previous system involving DMV hearings was known for its complexity, often resulting in drivers losing their driving privileges. To simplify matters, West Virginia eliminated these hearings for DUI arrests after July 1, 2020. Today, DUI cases are handled in a single court, addressing all outcomes, including penalties and license suspensions.

If you have not been convicted of an aggravated DUI or a DUI involving a minor, you may avoid suspension or face reduced penalties. A knowledgeable Clarksburg criminal lawyer can help you build the right defense to secure justice.

DUI Arrests Before July 1, 2020

Administrative License Revocations

For arrests made before July 1, 2020, license revocation proceedings were initiated by the Office of Administrative Hearings. Drivers were required to take a breath test, and refusal to do so led to automatic penalties. If your blood alcohol concentration (BAC) exceeded the legal limit, the state would impose license revocation penalties.

How to Handle an Order of Revocation Notice

Receiving a license revocation notice can be daunting, but a skilled Clarksburg criminal lawyer can provide clarity. Your attorney will help you explore options such as:

  • Filing a Written Objection: Contest the DMV’s efforts to revoke your license by requesting an administrative hearing.
  • Installing an Ignition Interlock Device: This option may allow you to maintain driving privileges for the revocation period instead of proceeding with the administrative hearing.

If you choose to fight your DUI charges, opting for an ignition interlock device may be your best course of action during the process.

Key Facts About DMV DUI Hearings

It’s important to remember that driving is a privilege, not an inherent right. If you are convicted of DUI, you may have to surrender this privilege. Following an arrest, you have just 30 days to request an administrative hearing. Don’t lose valuable time; consult a Clarksburg DUI attorney as soon as possible for expert guidance.

Ready to Help You Today

No matter when your DUI case occurred, the team at Mountaineer Criminal Law Group is ready to support you. Whether your case falls under the previous system or is subject to current laws, our Clarksburg criminal lawyers will provide the best possible defense to protect your rights.

Contact Us

Facing a DUI charge doesn’t have to be overwhelming. Call us (304) 381-3656 today for a free consultation, and take the first step toward resolving your case with confidence.

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