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Kingwood WV DMV Hearings
Trusted Legal Representation for DMV DUI Hearings
Mountaineer Criminal Law Group specializes in providing expert legal representation during DMV DUI hearings, ensuring your rights are defended with professionalism and care.
Understanding West Virginia’s DUI Court Proceedings
Before the introduction of Senate Bill 130, which came into effect on July 1, 2020, DUI cases in West Virginia required navigating two separate proceedings. If your conviction occurred before this date, you would need to go through dual processes involving the administrative license revocation court and the criminal court for DUI offenses. The old process often required appearances in different courts located in separate cities, involving multiple judges and juries.
Key Timeline for DUI Cases
- Pre-July 1, 2020 Convictions: These cases will continue following the old process at the Office of Administrative Hearings until it was dissolved on July 2, 2021. Unresolved cases after this date are dismissed.
- Post-July 1, 2020 Convictions: Cases are streamlined into a single court to simplify proceedings and address penalties, including license suspension.
For those dealing with pre-2020 cases, the complexities are best managed with the assistance of experienced Kingwood DUI attorneys who can ensure the process is handled smoothly and effectively.
The Transition to a Unified Hearing Process
The new system under Senate Bill 130 simplifies DUI-related proceedings. After July 1, 2020, all hearings are consolidated into one court. This change eliminates the previous complications related to separate court systems and streamlines decisions on penalties, including license suspension.
However, depending on the severity of the DUI offense, such as aggravated conditions or instances involving child endangerment, penalties may still vary. It is crucial to consult a Kingwood criminal lawyer to build an effective defense and advocate for your interests.
Cases Triggering Administrative License Revocation
For arrests in West Virginia occurring before July 1, 2020, drivers are immediately subject to administrative license revocation. During these situations:
- A breath test will be conducted.
- If the driver refuses the test or exceeds the BAC limit, the state will impose license revocation penalties.
Understanding these proceedings and navigating them effectively requires the expertise of Kingwood DUI attorneys experienced in handling complex DUI cases.
Navigating an Order of Revocation Notice
Receiving an order of revocation can be overwhelming, but with the guidance of a skilled Kingwood criminal lawyer, you can explore all available options. Here’s how we assist you:
- Filing an Objection
Your lawyer can file a written objection requesting an administrative hearing to contest the DMV’s attempt to revoke your license.
- Alternative Options
If you prefer, you may opt for the installation of an ignition interlock device during the revocation period, avoiding a full-blown hearing. While this is an alternative, we recommend fighting DUI charges for a more favorable outcome.
Important Facts About DMV DUI Hearings
- Driving is considered a privilege, not a constitutional right. If convicted of a DUI, this privilege can be revoked.
- You have 30 days to file for an administrative hearing from the date of the notice. Acting promptly is critical to protecting your driving status.
Ensure you consult with an experienced Kingwood criminal lawyer during this period for the best legal advice.
Why Work With Mountaineer Criminal Law Group
At Mountaineer Criminal Law Group, we understand how stressful DUI cases can be, especially with the evolving legal landscape under Senate Bill 130. Whether your case precedes or follows the introduction of the bill, our team of expert Kingwood DUI attorneys is here to help.
We leverage years of experience and a deep understanding of West Virginia’s legal system to secure favorable outcomes for our clients.
Reach Out to Us Today
If you need to manage a DUI case in Kingwood or any other part of West Virginia, including Kingwood, the legal team at Mountaineer Criminal Law Group is ready to assist. Give us a call at (304) 381-3656 today to schedule your free consultation and take the first step toward resolving your case.