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.