Administrative License Revocation in Clarksburg

Understanding Changes in Handling DUI Cases

Before the introduction of Senate Bill 130 on July 1, 2020, managing DUI cases throughout the state was a complex and drawn-out process. Each case required two separate hearings. The first was for theDUI charges, and the second was an administrative license revocation hearing. This resulted in an additional appearance before a judge specifically for matters related to the administrative license revocation.

Once Senate Bill 130 came into effect, this dual-hearing system was eliminated. Cases are now streamlined, with both punishment and conviction determined in a single court proceeding. The Administrative Hearings Office was officially dissolved on July 22, 2021, but DUI cases from before July 1, 2020, continued being processed through the Administrative Hearings Office until its closure. Any unresolved cases from that period are temporarily subject to dismissal.

Navigating this changing landscape of DUI cases can be challenging. That’s why seeking assistance from a qualified DUI attorney is paramount. The experienced legal team at Mountaineer Criminal Law Group is here to help, ensuring your case is handled professionally and effectively and to secure the best possible outcome.

The New Single Court System

Under the old system, navigating the dual-court structure in West Virginia was overwhelming. Those facing penalties related to their driving license had to appear in two separate hearings, adding unnecessary complexity. Senate Bill 130 has simplified this process, merging hearings into a single proceeding.

Now, license penalties are assessed based on the severity of charges, with appropriate punishments determined in one court session. This change removes much of the administrative burden previously associated with administrative license revocation making the system more efficient for both courts and defendants.

Administrative License Revocation Overview

DMV Hearings and Regional Locations

If your DUI case was filed before July 1, 2020, it’s important to understand how the DMV hearings function. Administrative license revocation records are centralized at the DMV headquarters in Charleston, but hearings may be scheduled at one of several regional offices based on the location of the arrest.

Our Clarksburg criminal lawyers offer full legal representation, traveling to these regional detachment locations to protect your rights and fight for favorable outcomes at these hearings.

Losing Your License Without Conviction

For DUI cases filed prior to July 1, 2020, drivers risk losing their administrative license even without a criminal conviction. The administrative hearing evaluates compliance with implied consent law, such as consent to chemical testing.

• The government’s burden of evidence is lower in administrative hearings compared to criminal court hearings.
• Administrative license suspensions are based on a preponderance of evidence, while criminal courts require proof beyond a reasonable doubt to establish guilt.

Previously, proving innocence in administrative cases was a significant challenge for attorneys, as these hearings often led to license revocation despite a lack of criminal conviction. However, with the introduction of Senate Bill 130, the process is now based solely on criminal charges, eliminating the need for separate administrative license hearings.

Our seasoned Clarksburg DUI attorney understands the nuances of filing appeals for administrative license cases. If your case falls under pre-2020 regulations, we can help you pursue an administrative license appeal to ensure you receive fair treatment.

How Delays Can Work in Your Favor

For older cases still awaiting adjudication, there’s often a backlog that can delay the final administrative hearings. While this delay may mean waiting longer for a final resolution, it also allows you to continue driving with your license for an additional 8–10 months. However, missing scheduled hearings can jeopardize this, significantly increasing the likelihood of license revocation.

At Mountaineer Criminal Law Group, our dedicated team ensures no deadlines or hearings are missed, providing you with the best opportunity to retain your driving privileges for as long as possible.

Key Points of Clarksburg’s DUI License Revocation System

1. Simplified Process:

The introduction of a single-court system streamlines DUI case handling, reducing complexities.

2. Regional DMV Hearings:

Our Clarksburg DUI attorney provides skilled representation for cases involving regional DMV offices.

3. Risk of License Loss:

Cases prior to July 2020 may result in license revocation even without a DUI conviction.

4. Advocacy:

Skilled legal advocacy is crucial to understanding evidentiary burdens and administrative challenges.

5. Timely Appeals:

Filing your appeal promptly is essential to keeping your license while your case is resolved.

Why Choose Mountaineer Criminal Law Group

Navigating DUI laws and regulations can feel overwhelming, especially with the impact of Senate Bill 130. Whether you’re dealing with a recent DUI charge or an unresolved pre-2020 case, the experienced team at Mountaineer Criminal Law Group is here to guide you through every step of the process.

Our Clarksburg criminal lawyers are well-versed in DUI defense and dedicated to securing justice for our clients. With years of experience and extensive knowledge, we’re confident in our ability to handle your case with care and precision.

Get Professional Support

Call us (304) 381-3656 today to speak with a Clarksburg DUI attorney. We’ll listen to your story, analyze your situation, and develop a tailored legal strategy to achieve the best possible outcome. Don’t face your DUI charges alone – trust the expertise of Mountaineer Criminal Law Group to advocate for you.

Contact us for a consultation and take the first step toward protecting your rights and driving privileges.