Grafton WV DMV Hearings

Expert Legal Representation for DMV DUI Hearings in Grafton

At Mountaineer Criminal Law Group, we provide top-notch legal representation during DMV DUI hearings. Understanding the legal processes and navigating the complexities requires the expertise of a skilled DUI attorney to ensure the best possible outcome.

Changes in DUI Proceedings After Senate Bill 130

Before West Virginia’s Senate Bill 130 came into effect on July 1, 2020, DUI cases required two separate court proceedings. For arrests or convictions before that date, individuals faced:

Two Separate Courts: One for license revocation in the administrative court and one for the DUI criminal charges in the criminal court.
Multiple Appearances: Cases involved attending hearings at different dates and courts, potentially in different cities, before multiple judges and jurors.

Cases initiated before July 1, 2020, are still processed under the previous system. However, Senate Bill 130 unified DUI proceedings into a single court for cases post this date. The older cases were handled by the Office of Administrative Hearings until it was dissolved on July 2, 2021. Any unresolved cases after this date are subject to dismissal.

These changes have streamlined the process, but many older cases continue to follow the complicated path. For those consulting a Grafton DUI attorney is essential to navigating the DMV hearing complexities.

Simplification of DUI Proceedings Post-July 1, 2020

West Virginia’s new legislation has simplified DUI proceedings for cases that happened after July 1, 2020. With all matters consolidated into a single court, penalties, including license suspension and fines, are determined in one place. Cases involving more serious infractions, such as aggravated DUI, DUI with child endangerment, or DUI with minors present, are also addressed under the singular system.

If you’re dealing with a DUI case, building a strong defense beforehand is critical. Consulting an experienced Grafton DUI attorney can help present your case effectively and work toward securing a fair outcome.

DUI Arrests Prior to July 1, 2020

Individuals arrested for DUI before July 1, 2020, were automatically subject to an administrative license revocation. This process involved:

Taking a breath test. Refusal can result in additional penalties.
Evaluating if the driver exceeded the BAC legal limit.
Imposing administrative penalties, which could include license revocation, if found guilty.

A Grafton criminal lawyer can help you understand the administrative process and defend your case effectively.

Handling Revocation Notices in DUI Cases

Receiving a revocation notice can be an overwhelming experience. With proper legal counsel, however, you can choose the best course of action. Here are two options available when facing a revocation notice:

File an Objection

Your attorney may file a written objection to request an administrative hearing. This hearing provides the opportunity to contest the DMV’s decision to revoke your license.

Ignition Interlock Device Installation

Another option is opting for the installation of an ignition interlock device during the revocation period. This could allow you to maintain driving privileges, depending on the circumstances. Your Grafton criminal lawyer will help determine if this is the right pathway for your situation.

We typically recommend contesting your DUI charges as this approach helps preserve your driving privileges while building a strong case for your defense.

Important Facts to Know About DMV DUI Hearings

Driving Is a Privilege

Driving is not a constitutional right but a privilege. DUI cases can lead to the suspension or revocation of this privilege if you’re found guilty.

Time Limits to Appeal

If you are served with a revocation notice, you have just 30 days to file an appeal for an administrative hearing. Missing this deadline can result in automatic penalties. Promptly consulting a Grafton DUI attorney is vital in these situations.

Contact Us Today for Skilled Legal Representation

No matter when your DUI case occurred, the experienced team at Mountaineer Criminal Law Group is here to guide you through the process. Whether your case falls under the old system or the unified proceedings, our Grafton criminal lawyers are ready to provide the robust legal defense you deserve.

If you’re and dealing with a DUI or other criminal charges, don’t wait. Reach out to us today for a free consultation and take the first step toward securing the best possible outcome.

Call us (304) 381-3656 today to get your legal defense started.

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