Super Lawyers
Avvo
Avvo
National College for DUI Defense
Lead Counser Rated
The National Trial Lawyers
National Association of Criminal Defense Lawyers
PACDL
Expertise

DMV Hearings

Mountaineer Criminal Law Group Offers Comprehensive Representation During DMV DUI Hearing

All DUI Cases used to trigger two different court proceedings prior to the West Virginia’s Senate bill 130 that has come to effect from July 1, 2020. If you have been convicted before this date, you will have to go for two proceedings in administrative license revocation court and criminal court for the crime of DUI or driving under influence. This process can involve appearing on different dates at different courts. These courts can be in different cities and will involve different judges and jurors. The pending cases before 1st July 2020 will continue to proceed in the old way whereas if you have been convicted after that date, you will have to go to one court. The cases from before will follow the old way at the Office of Administrative Hearings until it gets dissolved on July 2, 2021. The unresolved cases after that will get dismissed.

These cases can be quite complicated to deal with and only a Morgantown DUI Lawyer will be able to help you with the situation. If you are dealing with a DUI DMV case and looking for a Morgantown Criminal Lawyer then come to us. At Mountaineer Criminal Law Group, we have dealt with similar cases before and we can ensure to get you the best resolution possible

Phasing Out the DMV Hearing Process

Previously the cases involving DUI used to be quite complicated and losing driving privileges used to be quite a regular thing. Now, to simplify the process, West Virginia has unified the proceedings at one court. The cases after 1st July, 2020, will be dealt with at one court. This one court will be deciding the consequences including the penalties and suspension of license. So, if you are not convicted for DUI, there will be no need for suspension of your driving license. If you are convicted, you will be facing license suspension depending on the nature of the crime, like aggravated DUI or DUI with child endangerment or minor in the vehicle.

While dealing with a serious case like DUI, prior to your hearing, you need to build the right defense and for that consulting a Morgantown DUI Lawyer will help you. We will ensure that you get the right justice with zero to minimum punishment if proven guilty.

All Arrests in West Virginia for DUI Pre-July 1, 2020, Trigger an Administrative License Revocation

The cases and arrests before 1st July, 2020, trigger administrative license revocation against the arrested drivers. The driver is supposed to go through a breath test. In case the driver is refusing to get the breath test or the result of the breath test shows that the BAC is over the legit limit, then the state will seek license revocation penalties against the driver.

Handling an Order of Revocation Notice

Getting the order for revocation notices can be overwhelming for anyone. When you consult a Morgantown Criminal Lawyer, he or she will be able to explain to you the following two options that you can use to your advantage:

  • Your lawyer can file a written objection seeking an administrative hearing so that you can contest the DMV's attempt to revoke your license.
  • You can also take advantage of the ignition interlock device installation for the underlying revocation period in lieu of the request of your administrative hearing. We would suggest you fight your charges of DUI and in that case, this option will be helpful for you.
Facts About DMV DUI Hearing

Driving is not a constitutionally protected right. It is a privilege. In the case of DUI, you will have to give up the privilege if you have been proven to be guilty. You will get the stipulated time of 30 days for appealing for an administrative hearing. By that time, it is important that you consult a Morgantown DUI Lawyer.

Connect With Us Today

Though the new court system is trying to remove the separate DMV hearing, yet, as a consequence of the case, you might lose the license for years. And that is why you need to fight the case. Our Morgantown Criminal Lawyer will ensure that you get the right resolution of the case. Give us a call today to get a free consultation.

Client Reviews
★★★★★
"I had hired Mr Logue a few years ago for my gf at the time for charges she had gotten before i had met her for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her. My mistake to hire him for her but her blessing. I know she didn’t thank you enough so allow me to for her. Very highly recommend Mr. Logue.” A.C.
★★★★★
I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped for. Sean and his team worked hard for me. They're the best! Anonymous
★★★★★
After the salesmen told me my gun application "wouldn't be a problem," I was charged with an illegal attempt to posses a firearm. Sean Logue has a good relationship with the DA, but still pushed them to have a trial and I was found not guilty of the felony charge. Sean is a tough and smart lawyer who knows his way around the courtrooms. Anonymous
★★★★★
I am happy to be able to share this information with everyone. Mr. Logue gave attention to our problem immediately and resolved the issue for us quickly. He is an attorney who is respected, not just by us but the court system. I am thankful we found him, and would recommend him to anyone needing a great attorney to represent them. Anonymous
★★★★★
Mr Logue was the one I hired after talking to other attorneys about my case. He was the most knowledgeable and explained everything to me about his plan for me moving forward. He was always available to answer my questions and fought hard and got my charge dismissed!! Don't waste your time looking for anyone else to help you. Mr Logue did an amazing job and very professional! Anonymous