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  • Breath Test

    The latest posts for Breath Test are listed below.
    • 2 men accused of DUI and permitting DUI in Walmart parking lot

      We recently wrote about an incident involving a woman who was charged with a DUI offense even though officers never observed her actually driving the vehicle. She was simply unconscious behind the wheel . In that case, her car was stopped at a traffic signal at the time. We noted or promised in that post that drunk driving charges could result under more common circumstances too -- like a car ...

    Breath Test Refusal

    The latest posts for Breath Test Refusal are listed below.
    • How does a Breathalyzer test determine one's blood alcohol level?

      A law enforcement officer may utilize different tests and pieces of equipment when trying to determine if a driver is impaired. One piece of equipment often used is a Breathalyzer. Many people in West Virginia may have heard of this device but are probably unaware of how it works. So, how does a Breathalyzer test determine one's blood alcohol level? The Breathalyzer machine is just one of many ...
    • What happens during a DUI blood test?

      Blood tests are often utilized by authorities to determine if drivers are impaired. These are considered to be extremely accurate if completed in a timely manner and by a person who is appropriately trained to perform such procedures. This does not mean that mistakes are not made, though. So, what happens during a DUI blood test and can those accused of impaired driving in West Virginia do ...
    • Did you know you have the right to refuse a Breathalyzer test?

      When a person is pulled over for suspected DUI, it is not uncommon for that individual to feel he or she must comply with everything an officer requests. There certainly is something to be said for being compliant; however, there are reasons as to why a person may not wish to take part in roadside or other DUI testing. Did you know that, according to West Virginia laws, you are allowed to refuse a ...

    Convictions

    The latest posts for Convictions are listed below.
    • Can your DUI arrest affect your job application process?

      If you have been arrested and/or convicted of drunk driving, you may be wondering what kinds of consequences you might face beyond those imposed by a judge. You may be concerned about your family’s reaction and you may be worried about how outsiders may perceive your alleged behavior. Specifically, you may be wondering if your DUI charges will affect your ability to get a job at any point in the ...

    Drivers License Suspension Or Revocation

    The latest posts for Drivers License Suspension Or Revocation are listed below.
    • Commericial driver driving drunk can expect a suspended license

      Many good men and women in the state of West Virginia are commercial drivers. This can be a great job, offering financial freedom to those who are willing to work the difficult hours and maintain strict schedules. Unfortunately, these drivers sometimes find themselves accused of driving while drunk or otherwise impaired. When this happens, a commercial driver has a lot on the line -- such as his ...
    • Suspended license will follow a DUI charge

      Those in West Virginia who are accused of driving under the influence can expect that their driving privileges will be affected. In accordance with state laws, a DUI charge will result in a suspended license . The length of the suspension will depend on various factors. While it is possible to lose one's license for a number of infractions, such as driving without insurance or committing numerous ...
    • Does a DUI automatically result in a suspended license?

      There are quite a few consequences associated with having a DUI on one's record. In West Virginia, a suspended license is just one such penalty. License suspensions vary based on a number of factors, including the number of offenses and what type of impairing substance was utilized -- among numerous others. In accordance with state laws, license suspension or revocation is done automatically after ...

    Drunk Driving Charges

    The latest posts for Drunk Driving Charges are listed below.
    • 5 Tips for Avoiding a DUI Arrest this Labor Day Weekend

      As summer comes to a close, people from all over the United States are getting ready to celebrate the end of the season by having some Labor Day fun. However, especially during these holiday weekends, the likelihood of getting arrested for a DUI significantly increases. So when you start planning out your weekend, here are some helpful tips to consider: Drink in moderation. If you are planning to ...
    • How can an attorney help with a first DUI offense?

      Believe it or not, a first DUI offense can carry some stiff penalties in West Virginia. If you are charged with DUI, you could face jail time and license suspension -- among other things -- depending on the facts of your case. Seeking legal assistance when charged with impaired driving for the first time may help you resolve the situation quickly and result in the best possible outcome. Being ...
    • Can I fight a DUI conviction?

      Those in West Virginia who have been convicted on impaired driving charges may feel that they have little, if any, recourse. However, it is possible to continue fighting even after a DUI conviction. In order to do this, one must utilize the appeals process. Appealing a criminal conviction is not a simple process, but that does not mean it is something that should be overlooked. Under the right ...

    Felony DUI

    The latest posts for Felony DUI are listed below.
    • 5 Tips for Avoiding a DUI Arrest this Labor Day Weekend

      As summer comes to a close, people from all over the United States are getting ready to celebrate the end of the season by having some Labor Day fun. However, especially during these holiday weekends, the likelihood of getting arrested for a DUI significantly increases. So when you start planning out your weekend, here are some helpful tips to consider: Drink in moderation. If you are planning to ...
    • Woman indicted on felony drunk driving charges in West Virginia

      An out-of-state woman was recently indicted for her alleged involvement in a fatal crash that occurred in West Virginia back in 2015. She is accused of felony drunk driving and various other criminal offenses. At this time, it is unknown whether any further court dates have been scheduled in this case. According to a local report, a 33-year-old woman was indicted by a grand jury in Berkeley County ...
    • What are the penalties for a third DUI?

      Depending on the number of DUI offenses on one's record, the penalties associated with driving while impaired in West Virginia can vary. For instance, anyone accused of a third DUI may face felony charges. The penalties for such an offense can have a dramatic effect on one's life. Those who have been accused of third or subsequent DUIs will likely benefit from the assistance of experienced ...

    Field Sobriety Tests

    The latest posts for Field Sobriety Tests are listed below.
    • Stopped for suspected DUI, here is what to expect

      West Virginia police are constantly patrolling for suspected impaired drivers. When one is pulled over for this purpose, he or she may not know what to expect. What happens during a DUI traffic stop? When a traffic stop is initiated due to suspected DUI, police are looking for a number of things, including how the driver's eyes react to light and other stimuli. Drivers can expect to be asked ...
    • DUI checkpoints, the good and the bad

      Residents of West Virginia may be familiar with DUI checkpoints. They often pop up around major holidays. This time of year there may be more DUI checkpoints than usual, as holiday parties are carried on throughout the month. What few people may realize is that law enforcement agencies are permitted to set up these checkpoints on a weekly basis. DUI checkpoints do serve a valuable purpose. Law ...
    • Berkeley County man arrested for DUI

      A West Virginia man was recently arrested and charged with causing a crash while driving under the influence. The DUI charge is not the only one to be filed in this case, however. This individual is also accused of injuring a child who was also in his vehicle when the incident occurred. Martinsburg police were called to investigate a single-vehicle accident that occurred the morning of Nov. 20., ...

    Legal Limit

    The latest posts for Legal Limit are listed below.
    • 'I honestly believed I wasn't intoxicated' common in DUI cases

      Whether it was at a bar, at a house party or any other even that serves alcohol, the readers of our Martinsburg DUI/DWI law blog have probably heard someone declare that he or she is safe to drive home. Individuals might say that they’ve only had one beer, a couple drinks or that it has been a couple of hours since their last drink. We mentioned in our prior post that making an educated guess ...
    • I know the legal limit is.08 but how do I know my BAC is there?

      Under West Virginia law, individuals with a .08 blood alcohol content are considered to be a drunk driver if they get behind the wheel of a car. Most Martinsburg drivers are probably aware of this legal .08 BAC limit. Even visitors can probably make an educated guess as to West Virginia’s legal limit since it is common across most jurisdictions. Even though it is a well-known law, it doesn’t mean ...
    • PUI spells trouble for West Virginia snow plow driver

      In West Virginia, there isn’t really a criminal offense called plowing under the influence or PUI, but it doesn’t mean that an individual cannot be arrested for the behavior it describes. That is exactly the situation that a snow plow driver found himself in late this past month. On Jan. 29, a deputy in McDowell County observed a snow plow with a headlight that wasn’t properly functioning. It was ...

    License Suspension

    The latest posts for License Suspension are listed below.
    • You may avoid DUI license suspension with quick action

      Like most other American locations, those charged with DUI in Berkeley and Jefferson counties run the risk of losing their driving privileges. However, it is important to remember that there are options at your disposal if you are facing such consequences. Despite any confidence you may have that you are not driving drunk, refusing a breath test during a DUI stop is not a good idea. In fact, it is ...
    • Federal legislators consider DUI Ignition Interlock bill

      The Ignition Interlock Device has been around for quite some time, but it is quickly becoming a standard-issue device in response to drunk-driving convictions. Approximately 24 states have passed laws that require all DUI offenders to have an IID installed in order to have their driving privileges reinstated, even first-time offenders. A law that took effect in West Virginia earlier this summer ...
    • I know the legal limit is.08 but how do I know my BAC is there?

      Under West Virginia law, individuals with a .08 blood alcohol content are considered to be a drunk driver if they get behind the wheel of a car. Most Martinsburg drivers are probably aware of this legal .08 BAC limit. Even visitors can probably make an educated guess as to West Virginia’s legal limit since it is common across most jurisdictions. Even though it is a well-known law, it doesn’t mean ...

    Multiple Offenses

    The latest posts for Multiple Offenses are listed below.
    • Martinsburg man's indictment for third DUI not proof of guilt

      On Wednesday, June 4, the online news source Herald-Mail Media published a list of recent indictments against individuals in the area. On this list was information about a man charged with “one count of driving under the influence third offense and two counts of driving revoked (for) DUI third offense.” The name of the individual is certainly not important for the readers of our Martinsburg ...

    Penalties

    The latest posts for Penalties are listed below.
    • DUI charges are not foolproof

      When someone in West Virginia is accused of DUI, it can have far-reaching consequences. In addition to the consequences of the justice system's sentencing and penalties, the individual may have to face much more significant concerns, such as reputation and future lifestyle changes. This may be the case in a recent DUI arrest where the spokesman for the West Virginia Department of Transportation ...
    • Berkeley County deputy loses job after DUI-related crash

      The incident occurred on May 1, 2013, when Berkeley County sheriff’s deputies were called to the scene of an accident. There, the deputies found that one of the vehicles involved in the collision belonged to one of their own. An off-duty deputy from Martinsburg told the on-duty officers that his girlfriend was driving the vehicle. Berkeley County deputies called for the assistance of the West ...
    • Last call DUIs target of West Virginia legislation

      West Virginia law currently allows liquor establishments to hold last call until 3 in the morning. According to some lawmakers, this closing time is one hour too late, contributing to more incidents involving an intoxicated driver. It is not just the hour that some lawmakers claim is the problem, but also the fact that this cut off time is one hour later than those of neighboring jurisdictions. ...
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