DUI in West Virginia: Why You Need Counsel

For anyone who is charged in the State of West Virginia with Driving under the Influence, or a related offense, such as permitting someone to drive under the influence, consultation with an experienced attorney should be considered a must.  The implications that follow from merely being arrested can be life altering, and it is therefore crucial that you seek legal advice, and probably representation, immediately.

Two DUI Cases Involved

West Virginia is one of a growing number of states in which a DUI arrest leads to two separate and distinct proceedings which can have a profound impact on the lives of you and your family.  The first and most obvious is the institution of criminal proceedings against you, which can result in incarceration, a substantial fine and a criminal record.  Your arrest also triggers the institution of an administrative proceeding by the Division of Motor Vehicles, which will, in all likelihood; result in the revocation of your West Virginia Driver’s License, or in the case of a non-resident, your privilege to operate a motor vehicle in this State.

Plea Bargaining has Become Very Difficult

Given the current public sentiment toward "drunk driving", it is not surprising that most law enforcement agencies are not amenable to negotiations that are designed to reduce the charge below the threshold where the resulting conviction constitutes some sort of D.U.I. offense.  They are also less likely to refrain from participating the license revocation proceeding, which, in days past, was a useful tool in the "plea bargaining" process.  Now, more than ever, it is necessary to have a legal professional who can evaluate every aspect of the criminal case and attack weaknesses in a head on fashion.

States like West Virginia, who have chosen to bifurcate the license revocation issue from the criminal proceeding have done so primarily for two reasons: (1) to reduce the costs incumbent when a defendant is entitled to publicly funded attorneys, since the revocation proceedings are civil in nature, and the licensee is not entitled to the assistance of court appointed counsel; and (2) to lessen the burden of proof imposed on the licensing agency.

Once again, because the proceeding is civil in nature, the burden of proof is not "beyond a reasonable doubt" to a less stringent burden, such as "by a preponderance of the evidence", as it is in West Virginia.

Beating a DUI Case Doesn't Mean You Won't Lose Your License

As a result, it is quite possible, or even likely, that a defendant in a criminal case can be found not guilty, but that his license is nevertheless revoked by the Division of Motor Vehicles.  Unfortunately, the reverse is never the case.  If an individual is convicted of a D.U.I. offense, whether at trial, or by entry of a plea of guilty or "no contest", he or she cannot prevail in the administrative license proceeding.  (It should be noted that there is some conflict in existing statutes, case law and administrative rules regarding the effect of a plea of "no contest", as it relates to its use in a subsequent administrative proceeding.  A discussion of this issue exceeds the scope of this article.  Suffice it to say that until that issue is resolved by the West Virginia Supreme Court of Appeals, it is unlikely that any lower tribunal will distinguish between the two plea forms for purposes of license revocation.) 

No "Work Only" License Available in West Virginia

The impact of license revocation in West Virginia cannot be minimized.  Depending on the nature of the offense and remedial efforts undertaken by the licensee, the period of revocation can be as short as 3 months, or as long as for life.  Furthermore, there are no "work permits" in West Virginia.  Therefore, if the licensee is a "bread winner", the economic effect upon the family can be devastating.  This is especially true in a rural state like West Virginia, where public transportation is limited and the distance from home to work precludes walking to and from one’s place of employment.

West Virginia does have a Lock and Drive Program, which allows one whose license has been revoked to nonetheless drive, after insuring that the driver has no alcohol in his or her system.  However, participation in this program is costly, and, depending again upon the nature of the offense, is not available until at least 45 days after revocation.

Finally, navigating the rules and procedures attendant to the license revocation proceedings, and understanding the time limits imposed can be difficult for if not hazardous to a lay person.  Failure to comply will likely result in revocation, regardless of the merits of one’s case.  Therefore, competent legal representation is essential in both the criminal and administrative proceedings in order to safeguard not only one’s liberty, but one’s livelihood, as well.

• The content of this article is provided for informational purposes only. If you need legal help with a DUI charge, please click here to talk to JK Chase or a DUI attorney in your area.