Administrative License Revocation in Grafton

Understanding the Changes in DUI Regulations

Before the implementation of Senate Bill 130, which went into effect on July 1, 2020, dealing with DUI cases in West Virginia, was a complex and tedious process. Each case required two separate hearings. The first hearing focused on the DUI charges, while the second addressed the administrative license revocation.

Previously, cases of administrative license revocation involved an additional hearing before a judge in court. However, following the enactment of Senate Bill 130, DUI proceedings are now streamlined. A single court handles both the punishment and conviction. Adding to this, the state officially dissolved the Administrative Hearings Office on July 22, 2021. All DUI cases filed before July 21, 2020, are still processed through hearings there. If unresolved, these cases may face temporary dismissal.

Navigating these evolving laws and processes around a DUI case can feel overwhelming. To ensure a smooth and favorable outcome, it’s crucial to seek guidance from an experienced Grafton DUI attorney. At Mountaineer Criminal Law Group, our skilled team is dedicated to addressing your unique situation and helping you achieve the best possible results.

The New Single-Court System

The former system in West Virginia involved dual court hearings, which complicated the process for those dealing with penalties related to their driver’s license. With the new single-court system, all penalties, including those for license revocation, are now handled in one place. Penalties related to your license will vary based on the severity of the DUI charges.

Revocation of Administrative Licenses and Regional DMV Hearings

DMV Headquarters and Regional Hearings

Administrative license revocation records are maintained at the DMV headquarters in Charleston. While the records are centralized, hearings may take place at regional DMV offices closer to the location of the DUI arrest. If you are required to attend a regional hearing, our Grafton criminal lawyer will provide you with the legal expertise you need and represent you throughout the process.

Local Hearings

For cases typically arising, hearings are often held in regional detachments close to the arrest site. Our team of DUI attorneys in Grafton is experienced in traveling to these locations to provide reliable legal representation, ensuring that your case is handled effectively and professionally.

The Risk of Losing Your License Without Conviction

For DUI cases filed before July 1, 2020, there is still a risk of license revocation, even in cases where a criminal conviction has not occurred. Here’s how it plays out under the law:

• The Administrative Hearing Process

The administrative hearing is centered on issues such as consent testing. These hearings come with a lower governmental burden of proof than criminal trials, where citizens’ rights and freedoms are at stake.

• Evidence Standards

Administrative suspension decisions rely on a preponderance of evidence, meaning the outcome hinges on whether it is “more likely than not” that a DUI offense occurred. However, criminal courts require a “beyond a reasonable doubt” standard to determine guilt, which is much stricter.

Previously, this disparity in evidentiary standards posed significant challenges for attorneys working to overturn license suspensions. However, since the enactment of Senate Bill 130, this process has been simplified. You no longer need to attend separate hearings for administrative and criminal matters. Now, license revocation is directly tied to criminal convictions in a single court.

Handling Cases Filed Before July 2020

If your DUI case was filed prior to the implementation of Senate Bill 130, our Grafton DUI attorney can guide you through the process of filing an administrative license appeal. Here’s how Mountaineer Criminal Law Group can help you manage the process:

• Filing Appeals at Administrative Hearings Office

We assist clients in filing necessary appeals and attending hearings at the Administrative Hearings Office in Charleston. A final order date for these cases will be issued.

• Extended Driving Time

Due to the significant backlog of cases, it may take 8-10 months before your hearing is resolved. This backlog might allow you to retain your driving privileges for an extended period of time. However, skipping your hearing drastically increases the likelihood of a license revocation.

Enlisting the support of an experienced Grafton criminal lawyer ensures that your case receives the attention it deserves. Our team will work diligently to minimize the impact of a DUI charge on your license and your life.

Seek Justice with Mountaineer Criminal Law Group

At Mountaineer Criminal Law Group, we understand the challenges you face when dealing with administrative license revocation and DUI charges. Our Grafton DUI attorneys strive to ensure you receive proper legal representation and a favorable outcome for your case.

Whether your concerns involve preserving your driving privileges or navigating the complexities of DUI laws in West Virginia, we’re here to support you. Speak to one of our Grafton criminal lawyers today and take the first step toward getting the justice you deserve.

Contact us at (304) 381-3656 to schedule a consultation and discuss your case.