DUIAre You Facing a DUI?
Berkeley County DUI Attorney
Penalties for a DUI in West Virginia
Under Section 17C-5-2 of the West Virginia Code, “any person who drives a vehicle in this state while he or she is in an impaired state and such impaired state proximately causes the death of any person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for not less than three nor more than 15 years and shall be fined not less than $1,000 nor more than $3,000: Provided, That any death charged under this subsection must occur within one year of the offense.”
First-time DUI offenders in West Virginia potentially face:
- License suspension
- Criminal fines between $25 to $100
- Up to a year in jail
- The possible installation of an ignition interlock device (IID)
Second offenders and beyond will face harsher fines that can go as high as $5,000, a year-long license suspension, jail time that could last years, and the installation of an IID.
Does a DUI Stay on Your Record in West Virginia?
Yes, but not permanently. It will stay there approximately 11 years. Keep in mind, your licence will also be suspended or revoked depending on the amount of times you were charged with a DUI.
Contact us today to schedule a free consultation with our Berkeley County DUI lawyer!
How DUI Affects Employment & Future Job Applications
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. Specifically, you may be wondering if your DUI charges will affect your current job or your ability to get a job at any point in the future.
In addition to doing criminal background checks, employers can Google a person’s name to see if any suspicious search results pop up. A drunk-driving arrest is often publicly reported and will likely be visible in a Google search even if it never ended in conviction.
A DUI conviction can affect your job or your ability to get a job even if the work has nothing to do with driving. There are only fourteen states with laws requiring that potential employers prove that an individual’s conviction is relevant to the job in order to deny them employment. West Virginia is not one of them.
Here are some things to consider:
- What to include on your job application: If you have been arrested on suspicion of driving under the influence but have not been convicted of a DUI, you only need to include this information on a job application under specific circumstances. If a prospective employer specifically asks you if you have ever been arrested, then you may need to disclose this information. However, you need not discuss your arrest if a job application only asks if you have ever been convicted of a crime. Failure to provide information about an arrest or conviction when directly asked on a job application could be considered fraud.
- DUI conviction vs. DUI arrest: You are more likely to be affected by a DUI conviction during a job application process than you are an arrest that does not ultimately end in conviction. If you have been convicted of a DUI, you will need to relay that information if a prospective employer asks if you have been convicted of a crime. This procedure applies whether you were found guilty or pleaded no contest to a DUI charge.
- When including it on your job application is not necessary: If your conviction has been expunged, you may leave your conviction off a job application. In addition, you may leave off information about a misdemeanor DUI conviction if an application asks specifically about felony convictions.
If you have been arrested for drunk driving and the arrest was made public, you may not be able to prevent employers from finding the arrest record online. However, it is crucial to do all you can to make sure your DUI arrest does not turn into a DUI conviction, as this could have even more serious consequences for your career and your life in general. For these and many other reasons, you should seek the help of a DUI defense attorney with experience and expertise in defending against DUI charges.
Our Martinsburg DUI Lawyer Makes Defending Your Rights Our First Priority
If you were charged with a DUI, you should not hesitate to call for a lawyer as soon as it is possible. At Sutton & Janelle, PLLC, we have a particular focus on handling DUI cases. Because of our detailed knowledge and skill, we have earned countless favorable outcomes for our clients in Berkeley County and throughout West Virginia.
Why Call Sutton & Janelle?
- Over 70+ years of combined experience.
- Serving West Virginia & Maryland since 1999.
- A boutique law firm known for obtaining large firm results.
- You are not just a case number to us -- we personally handle your DUI from beginning to end.
- FREE consultations for DUI cases!
Even for first-time offenders, it is of the utmost importance that you do everything in your power to defend against the charges. Our Berkeley County DUI attorneys are here to help you get the charges reduced or even dropped entirely.
If you or someone you know is suffering from substance abuse or addiction, we have provided some resources below that could help.
If you are concerned about what to do following an arrest for a DUI, please schedule a free consultation at Sutton & Janelle, PLLC. Our Berkeley County DUI attorneys are here to support you, build a solid defense for your case, and help you through every step until we reach a favorable conclusion.
“I felt very confident and relieved and retained them immediately with no regrets.”- Shannon S.
“I highly recommend Chris and his staff when you are looking for someone to assist with those difficult Legal times.”- Mike C.
“Mark is the best attorney.”- Barbara S.
“You having nothing to lose and SOOO much to gain by going with Sutton & Janelle”- Lexis K.
“I would highly recommend him to everyone!”- Kathy S.