Questions Frequently Asked of a DUI Lawyer in Berkeley Springs, WV

by | Nov 18, 2013 | Legal Services


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Any driver over the age of 21 in West Virginia may be charged with a DUI if their blood alcohol level is 0.08 percent or higher. This is true whether or not your ability to drive was affected and the law states that your driving of the vehicle implies consent to a drug test to determine your blood alcohol level. For this reason, if you are charged with a DUI, you should hire a DUI Lawyer in Berkeley Springs, WV. There are many questions you may have for your DUI Lawyer in Berkeley Springs, WV and here are a few that are commonly asked.

1. Is there a specific period of time when the blood alcohol level must be measured? Police officers are supposed to measure a driver’s blood alcohol content when they pull a driver over. There are situations though where a prosecutor may be able to prove you were driving under the influence when the BAC is taken at a later time.

2. For drivers under the age of 21, what is the maximum allowed BAC for a DUI charge? Any alcohol in the system may constitute driving under the influence for drivers under the age of 21.

3. How much jail time will I be looking at for a first offense? If this is your first DUI conviction, there is no minimum jail term mandated by law.

4. Will I automatically go to jail if this is my second or third DUI conviction? The minimum jail time for a second DUI conviction is six months and one year for a third conviction, yet a DUI Lawyer in Berkeley Springs, WV may be able to get this reduced or dropped completely.

5. How long does a DUI conviction stay on my driving record? Under West Virginia law, a DUI conviction stays on your driving record for ten years. The court examines your driving record when determining the appropriate penalties.

6. Will I be required to have an ignition interlock device placed on my car? No, but you may wish to have one installed as this could reduce the license suspension period.

Consult with a DUI Lawyer in Berkeley Springs WV when you have been charged with a DUI. An attorney will examine your case and determine which defense may work best. A variety of defenses are available so you want legal representation to possibly have the charges reduced or dropped