Handling DUI cases in Kingwood has undergone significant changes, especially following the introduction of Senate Bill 130, effective July 1, 2020. Previously, managing DUI cases was a cumbersome process that involved dual hearings. One hearing addressed the DUI charges, while the other focused on administrative license revocation. Historically, these cases often required defendants to appear before a judge in a separate court for administrative proceedings.
However, with the new legislation in effect, the dual-hearing system was streamlined into a single court proceeding to determine both conviction and penalties. Additionally, the Administrative Hearings Office was officially disbanded on July 22, 2021. Cases filed before July 21, 2020, continued in the Administrative Hearings Office until that date. Any unresolved cases from this backlog face temporary dismissal.
For anyone navigating DUI cases following the Senate Bill 130, the process might still feel intimidating. That’s why legal assistance is crucial. The experienced Kingwood DUI attorneys at Mountaineer Criminal Law Group are here to simplify the process for you. They’ll work closely with you to ensure that your case is handled effectively and that you reach the best possible resolution.
Under the former West Virginia court system, DUI-related offenses involved two hearings, which added unnecessary complexity and delays. With the reform introduced by Senate Bill 130, all cases are now resolved through a single court hearing. The penalties for driving-related offenses and license revocations now rely on the severity of the charges rather than being processed through two separate bodies.
The revocation of an administrative license for DUI offenses varies slightly depending on the type of record maintained by the DMV headquarters in Charleston. However, hearings for a case may take place at one of the various regional DMV offices.
If you face an administrative license revocation, our DUI Lawyers will represent you during this critical process. Typically, the hearing location corresponds to the region where your arrest occurred, and our Kingwood criminal lawyer will travel to ensure your case is professionally handled.
For cases filed before July 1, 2020, the administrative process could result in the confiscation of your license, even if you were not convicted of a DUI offense.
An administrative hearing mainly addresses issues regarding consent testing. For these hearings, the government faces a lighter burden of proof compared to criminal court cases. Specifically, the “preponderance of evidence” standard applies to administrative rulings, whereas criminal courts are required to prove guilt “beyond a reasonable doubt.”
Historically, this distinction posed significant challenges for lawyers representing defendants in administrative hearings, with many drivers at risk of losing their licenses despite being acquitted in criminal court. Since the adoption of Senate Bill 130, however, these odds have improved. Today, license revocation hinges on criminal court charges, handled in the streamlined single-court system.
Our Kingwood criminal lawyers are here to help you throughout the appeals process for administrative license revocations involving cases before July 2020. Acting quickly can prevent you from losing your driving privileges and give you the opportunity to extend your driving period due to the backlog of unresolved cases at the Administrative Hearings Office.
Dealing with the complexities of DUI cases, whether under the former dual system or the new single-court framework, can still be overwhelming without experienced legal representation. A missed hearing or incomplete paperwork could increase the risk of license revocation unnecessarily.
The Kingwood DUI attorney at Mountaineer Criminal Law Group is committed to protecting your rights and ensuring you get a fair outcome. We handle DUI cases diligently, helping you file appeals and providing expert guidance throughout the process.
At Mountaineer Criminal Law Group, we understand how stressful navigating DUI charges and administrative proceedings can be. Our skilled Kingwood DUI attorneys are here to offer personalized legal advice, represent your case effectively, and ensure you receive the justice you deserve.
Get in touch with our team today to discuss your case and take the next step toward safeguarding your driving privileges.