Strong Legal Advocacy in Morgantown

Law Passed to Eliminate Administrative Hearings for DUI Cases

UPDATE 3/26-

Law Passed to Eliminate Administrative Hearings for DUI Cases

Senate Bill 130 has been signed by the Governor. The new law totally eliminates the administrative hearing aspect of a DUI case in West Virginia and transfers authority for hearing matters related to license revocation and suspension from the DMV Office of Administrative Hearings to the courts.

Currently, there are two aspects to a DUI case. The first is the criminal part, which is held in the municipal, magistrate, and circuit courts. There, a person faces criminal prosecution, including fines and incarceration. The second is the administrative side, which is held before the DMV Office of Administrative Hearings. There, a person’s driver’s license can be suspended, revoked, or restricted.

This new law would only impose a license suspension or revocation after a conviction in court. If an individual is not convicted of a DUI offense, then his or her license will not be suspended or revoked.

Practically speaking, this law combines the two separate DUI proceedings – the administrative and the criminal – into one.

The law goes into effect June 4, 2020.

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Senate Bill 130 was passed by both the House and the Senate in 2020. It has not yet been signed by the Governor. The new law totally eliminates the administrative hearing aspect of a DUI case in West Virginia and transfers authority for hearing matters related to license revocation and suspension from the DMV Office of Administrative Hearings to the courts.

Currently, there are two aspects to a DUI case. The first is the criminal part, which is held in the municipal, magistrate, and circuit courts. There, a person faces criminal prosecution, including fines and incarceration. The second is the administrative side, which is held before the DMV Office of Administrative Hearings. There, a person’s driver’s license can be suspended, revoked, or restricted.

This new law would only impose a license suspension or revocation after a conviction in court. If an individual is not convicted of a DUI offense, then his or her license will not be suspended or revoked.

Practically speaking, this law combines the two separate DUI proceedings – the administrative and the criminal – into one.

We are hopeful that the Governor signs Senate Bill 130 into law as it will save the taxpayers millions of dollars and provide a more streamline process for DUI cases.