Martinsburg, WV DMV Hearings

Trust Mountaineer Law Criminal Group for Legal Representation in DMV DUI Hearings

Navigating DMV DUI hearings can be complex and challenging, but with Mountaineer Law Criminal Group, you gain expert legal support every step of the way. Our Martinsburg criminal lawyers bring experience and commitment to help you achieve the best possible outcome.

Understanding DUI Proceedings Before and After Senate Bill 130

Before the enactment of West Virginia’s Senate Bill 130 on July 1, 2020, all DUI cases required two separate court proceedings:

• One in the administrative license revocation court.
• Another in the criminal court for DUI offenses.

This meant defendants faced appearances in multiple courts, often in different locations, with varying judges and jurors. Cases initiated before July 1, 2020, will still need to follow this old process until July 2, 2021, when the administrative hearing system officially dissolves. Any unresolved cases beyond this final date will be dismissed.

For cases after July 1, 2020, however, proceedings have been unified into one court. This simpler system determines all penalties, including potential license suspension, in a single hearing.

Dealing with these cases can still become incredibly intricate. A knowledgeable Martinsburg DUI lawyer can be instrumental in defending you and ensuring a smooth legal process.

Seeking Expert Guidance for DMV DUI Cases

If you’re facing a DMV DUI hearing, look no further than Mountaineer Law Criminal Group. With years of experience handling similar cases, our Martinsburg criminal lawyers are here to provide strategic defense and help you achieve a favorable resolution.

The Phasing Out of the DMV Hearing System

Before Senate Bill 130, DUI cases often led to complications and an increased likelihood of losing driving privileges. The new unified system introduced on July 1, 2020, has streamlined the process. Now:

• Cases after this date are addressed in one court.
• Penalties, including license suspension, are decided based on the severity of the offense (e.g., aggravated DUI, DUI with a minor, or child endangerment).

If you are facing a DUI charge, having a Martinsburg DUI lawyer on your side will provide a crucial advantage. Drawing up an effective defense ahead of your hearing is key to ensuring fair treatment and minimizing penalties.

Administrative License Revocation for Pre-July 1, 2020, Arrests

For arrests made prior to July 1, 2020, drivers are automatically subjected to an administrative license revocation process. Here’s what to expect:

• Drivers undergo a breath test, and refusal triggers BAC limit checks.
• If BAC levels exceed the legitimate limit or refusal is deemed unlawful, the state imposes license revocation penalties.

Managing a License Revocation Notice

Receiving an Order of Revocation Notice can feel overwhelming. However, seeking immediate legal support from a Martinsburg criminal lawyer is the best way to explore your options. Actions your lawyer may take include:

• Filing a written objection to request an administrative hearing to contest the DMV’s decision to revoke your license.
• Recommending the installation of an ignition interlock device during the revocation period instead of an administrative hearing request. This option can allow you to maintain driving privileges while your DUI charges are contested.

At Mountaineer Law Criminal Group, we encourage you to fight your charges with strong legal support, ensuring you choose the most favorable path forward.

Key Points About DMV DUI Hearings

• Driving is a privilege, not a right. A DUI conviction can lead to the suspension of this privilege.
• You have 30 days to appeal for an administrative hearing after receiving a notice. Use this time wisely by consulting a Martinsburg DUI lawyer.
• An expert defense ensures a better chance of reducing penalties or achieving dismissal.

Connect With Mountaineer Law Criminal Group Today

Whether your case precedes or follows the enactment of Senate Bill 130, our Martinsburg criminal lawyers stand ready to guide you through any legal hurdles. Mountaineer Law Criminal Group is here to support you with tailored strategies and unmatched expertise. Call  (304) 381-3656 now for your free consultation! Don’t risk facing your case alone—contact the Mountaineer Law Criminal Group today.