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DUI And Serious Traffic Offenses Defense In West Virginia

A DUI arrest can leave you worried about your job, your driver’s license and your future. You could face heavy fines, higher insurance rates, jail time or the loss of your commercial driver’s license (CDL).

Being arrested does not mean you are guilty. However, you must act quickly to protect your rights. At Bouchillon Crossan & Colburn, L.C., we defend people facing DUI and serious traffic charges in Cabell, Wayne, Putnam and Mason counties.

Understanding DUI Charges And License Penalties

Under West Virginia Code § 17C-5-2, DUI charges can affect your criminal record and your right to drive. These cases may involve two separate legal processes:

  • Criminal charges: We represent clients in Magistrate and Circuit Courts, challenge evidence, seek dismissals and explore reduced charges or deferred adjudication when available.
  • License penalties: We help clients deal with Division of Motor Vehicles (DMV) rules, license revocation, the Motor Vehicle Test and Lock Program and DUI Safety and Treatment Program requirements.

Each process has its own rules and deadlines. An attorney can help you understand what steps to take.

How We Challenge DUI Evidence

Police officers must follow the law when stopping drivers, making arrests and collecting evidence. Our defense strategies may include:

  • Traffic stops and arrests: Reviewing whether police had a valid reason to stop you or make an arrest along I-64, Route 60, Route 2 or US-52.
  • Breath and blood tests: Checking Intoximeter records, equipment maintenance, officer training and how blood samples were collected and stored.
  • Field sobriety tests: Looking at how health problems, footwear, nerves, uneven roads or testing mistakes may have affected your results.

We review the facts of your case to find errors, question the evidence and build your defense.

Defense For Aggravated DUI And Serious Traffic Charges

Some DUI charges carry much harsher penalties. These include cases involving a blood alcohol concentration of 0.15% or higher, repeat offenses, and children in the vehicle or crashes that cause injuries.

We also defend clients accused of reckless driving, fleeing police, hit-and-run offenses and driving with a suspended or DUI-revoked license.

Frequently Asked Questions About West Virginia DUI Charges

Q: What is the difference between nonaggravated DUI and aggravated DUI in West Virginia?

A: Under West Virginia law (W. Va. Code § 17C-5-2), a standard nonaggravated DUI involves driving with a blood alcohol concentration (BAC) between .08% and .149%. An aggravated DUI involves a BAC of .15% or greater. Aggravated DUI carries substantially harsher penalties, including mandatory minimum jail time (at least 24 hours of actual confinement), higher fines, longer license revocation and mandatory participation in the West Virginia Test and Lock (interlock) program.

Q: Can I get a first-offense DUI dismissed or expunged in Cabell or Wayne County?

A: Yes, under certain circumstances. West Virginia law allows qualifying first-time offenders with a BAC under .15% to participate in a deferred adjudication program (conditional discharge). If you enroll within statutory timeframes, complete the DMV Alcohol Test and Lock program, and satisfy probation requirements, your criminal charges may be dismissed and eligible for expungement. An experienced defense attorney can evaluate your eligibility and negotiate with the county prosecutor.

Q: What happens if I refused the breath or blood test when pulled over?

A: West Virginia operates under an “implied consent” law. Refusing an approved chemical secondary test triggers an automatic administrative driver’s license revocation through the West Virginia DMV, typically lasting one year for a first refusal, regardless of the criminal court outcome. However, an attorney can review whether law enforcement properly advised you of statutory refusal consequences and whether the initial traffic stop was constitutional.

Talk To A West Virginia DUI Defense Lawyer

Attorney Neil R. Bouchillon has decades of criminal defense experience and knows the local court systems.

A DUI arrest does not have to ruin your record, livelihood or driving privileges. Strict court and DMV deadlines apply. Contact Bouchillon Crossan & Colburn, L.C., at Call For A Free Consultation or message us online today for a confidential case evaluation.