Administrative License Suspension in Wheeling

When a driver in West Virginia gets arrested for DUI (Driving under the influence), their driver’s license is typically suspended by the Bureau of Motor Vehicles. This suspension, known as an ALS (Administrative License Suspension), can occur if the driver’s blood alcohol content (BAC) exceeds the legal limit or if they refuse to undergo chemical testing (such as blood, breath, or urine tests).

Upon arrest, the officer reads the driver the BMV Form 2255 and retains their license. The ALS suspension is authorized by Section 4511.19 of the West Virginia Revised Code, which defines the term and outlines the circumstances for imposing such a suspension.

However, receiving this suspension does not automatically mean a permanent or predetermined loss of the driver’s license. A reputable Wheeling WV DUI lawyer like Sean Logue will carefully examine the case, evaluate the test results, and gather information about the arrest to present a compelling argument to the judge during the ALS hearing. Our aim is to convince the judge to terminate the suspension.

West Virginia law specifies various reasons for a judge to set aside an ALS, including:

• Lack of probable cause or reasonable grounds for the DUI arrest.
• Chemical testing results indicating the driver was within legal limits.
• The driver did not refuse the test but faced difficulties due to a medical condition, such as asthma, which negatively affected their breath volume.
• The arresting officer failed to inform the driver about the law regarding implied consent.

Your Wheeling WV criminal lawyer can promptly file an appeal of an ALS either at your arraignment or within a day or two after. There are several compelling arguments that can be presented to the judge in order to set aside the suspension:

• Mistakes made by the arresting officer when completing the Form 2255.
• Failure to check the box on Form 2255 labeled “Was placed under an Administrative License Suspension.”
• Incorrect attestation or swearing to the statements listed on the Form 2255.
• Non-receipt of a notarized copy of the Form 2255 by the BMV, or improper completion of notarization.
• Improper execution of the Form 2255 in any other manner.
• Unauthorized changes or alterations to the Form 2255 between the time it was given to you and when it was filed with the court clerk.

If the Form 2255 was improperly completed, the judge may be persuaded to reinstate your license.

ALS Requirements

Upon arresting a driver for DUI, the officer must complete certain paperwork to initiate the license suspension.

For a first-time refusal to submit to chemical testing, according to the West Virginia Revised Code, Section 5411.191(B)(2), the ALS can be lifted once the offender pleads no contest or guilty, with credit given for time served against the suspension. However, being found not guilty after a trial does not affect an ALS suspension, as stated in Section 4511.191(D) of the West Virginia Revised Code.

Refusal to submit to chemical testing three or more times in the preceding six years will result in no rescinding of the ALS, as outlined in the Revised Code, Section 4510.13(A)(3).

Section 4511.191(A)(2) addresses implied consent, stating that anyone who drives a vehicle is deemed to have given consent to chemical testing (urine, breath, or blood) upon request of law enforcement, prDUIded there are reasonable grounds to suspect the driver was operating the vehicle while intoxicated.

Length of ALS Due to Refusal to Submit to Testing

When it comes to administratively suspending a person’s license, two factors come into play: refusal to undergo chemical testing and the number of previous refusals within the past 6 years.

Under the West Virginia Revised Code Section 4511.191(b), the following suspension lengths apply for those who refuse chemical testing:

• Class C Suspension: One year. Driving privileges are reinstated after 30 days for the first refusal within 6 years.
• Class B Suspension: Two years. Driving privileges are reinstated after 90 days for the second refusal within 6 years.
• Class A Suspension: Three years. Driving privileges are reinstated after one year for the third refusal within 6 years.
• Five-year Suspension: Imposed after the fourth refusal within a 6-year period. Driving privileges are reinstated after three years. This length of suspension also applies to subsequent refusals.

In cases where a person submits to chemical testing but fails, the following suspension lengths are enforced:

• First Offense: 90-day suspension.
• Second Offense: One-year suspension.
• Third Offense: Two-year suspension.
• Fourth Offense: Three-year suspension.

If you find yourself facing an administratively suspended license, take heart. Contact Sean Logue at (304) 381-3656 for assistance.