Hancock County, WV DMV Hearings

Mountaineer Criminal Law Group offers the best legal Representation during DMV DUI Hearings

Under West Virginia’s Senate Bill 130, which took effect on July 1, 2020, DUI cases are now streamlined into a single court proceeding instead of two separate ones. If you were convicted before this date, you would have had to attend both administrative license revocation court and criminal court for the DUI offense. This required appearing in different courts on different dates, potentially in different cities, and involving multiple judges and jurors. Cases pending before July 1, 2020, will continue to proceed in the previous manner. However, if the conviction occurred after that date, you would only need to go to one court. Cases dating back to before July 1, 2020, will follow the old process at the Office of Administrative Hearings until its dissolution on July 2, 2021. Unresolved cases after that date will be dismissed.

Handling these cases can be highly complex, and seeking assistance from a qualified Hancock County DUI Lawyer is crucial for a smooth resolution.

If you are facing a DUI DMV case and require a Hancock County Criminal Lawyer, look no further. At Mountaineer Criminal Law Group, we have extensive experience dealing with such cases and can ensure a favorable outcome.

Phasing Out the DMV Hearing Process

Consolidating the DMV hearing process has simplified matters, as previously these cases were often intricate, resulting in the common loss of driving privileges. Now, all proceedings for cases after July 1, 2020, take place in one court to determine the consequences, including penalties and license suspensions. Therefore, if you are not convicted of DUI, you do not face the risk of license suspension, unless the nature of the crime involved aggravating factors or endangering a child or minor in the vehicle.

When facing a serious charge like DUI, it is crucial to build a strong defense prior to the hearing, and consulting a Hancock County DUI Lawyer will help ensure you receive just and fair treatment, even if found guilty.

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

The occurrence of cases and arrests prior to July 1, 2020 results in the initiation of administrative license revocation against drivers. A breath test is required, and refusal will be subjected to the BAC legal limit. Once proven guilty, the state will impose license revocation penalties.

Handling an Order of Revocation Notice

Receiving revocation notices can be overwhelming. Seeking advice from a Hancock County Criminal Lawyer can help clarify available options.

• Your lawyer can file a written objection to request an administrative hearing and contest the DMV’s revocation attempt. 

• Alternatively, you may consider installing an ignition interlock device during the underlying revocation period instead of pursuing an administrative hearing. We highly recommend fighting DUI charges, and this option can be beneficial.

Facts about DMV DUI Hearing

Driving is not a constitutionally protected right but a privilege. In the case of a DUI, the privilege will be surrendered upon conviction. You have 30 days to appeal for an administrative hearing; during this time, it is crucial to consult a Hancock County DUI Lawyer.

Connect With Us Today

Whether before or after the enactment of the Senate bill, our Hancock County Criminal Lawyer will assist you in navigating through this predicament. Contact us today for a free consultation, ensuring your timely resolution.