If you are residing in West Virginia and have been charged with DUI, then it can have serious consequences in your life. You might get your license and driving privilege suspended. You might have to go to jail and pay fines while also installing an ignition interlock device. A DUI is considered to be a misdemeanor. But if driving under the influence has caused some serious damage or injury or it is a repetitive offense, then it can become a felony. To come out of this mess, you need the assistance of an experienced Morgantown DUI lawyer.
At Mountaineer Criminal Law Group, we have dealt with hundreds of cases involving DUI charges. Our Morgantown criminal lawyer will fight aggressively and ensure that all the criminal charges get dropped and you can come out of the case as not guilty. Come to us today.Defense Strategies for DUI Arrest
Strategizing the defense is crucial so that we don’t miss any point to explore and use it in your favor. We also pay attention to the details so that the prosecution cannot use anything against you. Our strategies can include the following,
- We will look into the fact that the police stopped you for reasonable suspicion. Traffic violations might call for stopping your vehicle. But in Wes Virginia, that is not enough reason to stop your car.
- Even if the reason for stopping is valid, yet, the officer should be able to show the probable cause. And our Morgantown DUI lawyer will challenge that. For example, if they state the on-field sobriety test to be the reason, like a one-leg stand, we will challenge it by showing arthritis, old age, obesity, any other medical condition, or high heeled shoes as conditions. This will make the test unreliable.
- We can also motion suppress the results of the breath test. We will claim that the device is not properly calibrated or the tester in the question was not qualified.
- Our lawyer will also check for deficiencies in blood testing to challenge the process of drawing the blood and its analysis.
If your case has been lodged before July 1, 2020, then you will be summoned for two hearings at two different courts, one for criminal penalties and one for administrative license suspension. Our Morgantown criminal lawyer is experienced to handle both of these so that you can get a favorable outcome.Get Your Rights Protected by the Experienced and Committed Morgantown DUI Lawyer
Being convicted for operating a vehicle while you are under influence of alcohol or drug can be a serious crime. And this can bring some serious consequences in your life. You surely don’t want to lose your license or driving privileges and land up in jail. Neither do you want to pay huge fines for this offense, nor insurance money. So, if you are in a situation where you are charged with DUI charges and yet to be convicted, connect with an experienced Morgantown DUI lawyer.
When you are looking for an experienced and expert lawyer, come to us at Mountaineer Criminal Law Group. We are a team of expert lawyers that can help you with your criminal charges and lead you towards the right way legally. Our Morgantown criminal lawyer will aggressively fight your case and ensure you get the most favorable outcome.The Drunk Driving Charges We Challenge
For helping you win the case and get all the charges dropped, it is necessary that the lawyer you are hiring is able to challenge them. Our Morgantown DUI lawyer will do the same. We will demonstrate that the procedural error or the fault with the equipment has caused the false charges. We will also challenge that the law enforcement did not follow the proper protocol, for charging our client, with the following ones:
- While stopping their vehicle, the police officer did not have enough reason for “reasonable suspicion” that you are violating the traffic rules.
- The police failed to follow the proper protocols while conducting the sobriety test or the BAC.
- The accuracy of the breathalyzer is questionable as it failed to offer the right result in the past.
- We can also challenge that the arrest was not valid as the police did not state Miranda Rights
- Police failed to store the blood samples or other evidence in the proper condition which caused them to lose authenticity.
Our Morgantown criminal lawyer will help you with all the challenges so that you can win the case or get the minimum penalties if in case you get convicted.Tips for Handling DUI Stops From Experts
When you are charged for DUI cases, you need to connect with a lawyer immediately. But before anything else, you need to know how you can handle the situation calmly and keep things in your favor. Act in the right way rather than by freaking out and saying something to the police which can be used against you.
Our expert Morgantown DUI lawyer advises you to follow these tips so that while you are pulled over by the police, the situation remains under control.
- Maintain calmness. In case you are feeling nervous and make it obvious, the police will have reason to believe that you have something to hide. Hence, when you are pulled over and the police are coming to your car window, stay calm.
- Be polite. There is no need to freak out and say something untowardly that will betray your tension or uneasiness and make the police charge you under “reasonable suspicion.”
- The police might want to search your vehicle. But you have the right to refuse it unless they have a warrant. Even if you are not drunk, there might be evidence in the car that can be used against you for the DUI conviction.
- The police can ask for the sobriety test. Don’t refuse it. Refusal of a sobriety test can lead to more suspicion and eventually more penalties if you are convicted. So, take the test. Trust our Morgantown criminal lawyer as we can always challenge the result of the test later.
- Once you are released, get your blood tested. Measuring your BAC can help us in building defense when the case goes for trial.
When it comes to DUI and DWI cases, this is the most common and yet most serious type of criminal charges an average person can face in a lifetime. Your freedom, the privilege of driving, and your license will be at stake. Along with that, your reputation will be tarnished too. So, if you or your loved one has been charged with such a crime, you need to build the best defense for your case. And our Morgantown DUI lawyer can do it for you.
At Mountaineer Criminal Law Group, we have handled hundreds of DUI and DWI cases and our lawyers have been able to get the charges dropped every time as well as have protected the privileged and the license for driving. So, if you are looking for a Morgantown criminal lawyer, we are the best team to help you.Will You Lose Your License?
If you are in Kentucky and your license has been suspended for the first time, it will be for thirty days. If it is your second offense, your license will be suspended for one year. For the third offense, it will be for two years. If you are in the state of West Virginia, for DUI conviction, your license gets suspended for six months for your first offense. In the case of the second offense, it will be for one year.
If you want to keep your license, the best way is to avoid the conviction. However, when you are charged with a DUI offense, not hiring a lawyer can be a big mistake as a case of even a misdemeanor can add a criminal record which can affect your chances of employment, education, and housing. That is why you need the help of our Morgantown DUI lawyer. Our aim will be to throw out the evidence while making sure that the charges will be reduced or the case will be dismissed.DUI Penalties in Kentucky and Virginia
The most common result or punishments for DUI convictions will be jail time, a fine of $1000, and losing your driver’s license. These penalties get elevated when there are aggravated circumstances in your case. If there are other factors involved in the case like minor in the car, speeding, refusal to a breath test, and driving without a license or revoked license, then you are going to face more serious consequences. Our Morgantown criminal lawyer will ensure that you don’t have to face any of these consequences.
If the BAC or blood alcohol concentration level is higher than .15%, this is also considered to be aggravated circumstances. The other ones include,
- Driving with a child under 12 years old in the car
- Refusal to submit for the BAC test
- Driving over 30mph or over the speed limit
Our Morgantown DUI lawyer will help you deal with the cases involving any of the aforementioned situations. Connect with our Morgantown criminal lawyer today
Mountaineer Criminal Law Group is here to help you with unprecedented circumstances. Our Morgantown DUI lawyer will listen to your case diligently and offer you the right legal advice and guidance. We will also aggressively defend you in the court of law. For a free consultation, give us a call today.