Morgantown, WV CDL DUI Attorney

Defending Commercial Drivers Against DUI Charges in West Virginia

If you are a commercial driver facing DUI charges in Morgantown, WV, the consequences can be severe. A Commercial Driver's License (CDL) DUI carries stricter penalties than standard DUI charges and can directly impact your livelihood and career. At The Moore Law Firm, PLLC, our Morgantown CDL DUI attorneys understand the high stakes and are ready to fight for your rights.

To learn more about The Moore Law Firm, PLLC, with locations in Morgantown and Franklin, please fill out our online intake form or call (304) 521-2451. Appointments are scheduled at your convenience.

West Virginia CDL DUI Laws and Penalties

West Virginia enforces strict DUI laws for commercial drivers, with a legal blood alcohol concentration (BAC) limit of 0.04%, which is half the limit for non-commercial drivers. This applies even if you were driving a personal vehicle at the time of your arrest. A CDL DUI conviction can result in severe penalties, including:

First Offense

• CDL Suspension: Minimum one-year disqualification.
• Hazardous Materials: If transporting hazardous materials, suspension increases to three years.
• Fines: $100 to $500.
• Jail Time: Up to six months.
• Driver's License Suspension: Potential suspension of personal driver's license.

Second Offense

• Lifetime CDL Disqualification: No eligibility for reinstatement.
• Fines: $1,000 to $3,000.
• Jail Time: 6 months to 1 year.

Additional consequences can include increased insurance rates, job loss, and permanent record impacts. Many employers in the trucking industry have zero-tolerance policies for DUI offenses.

CDL DUI Court Process in West Virginia

The process for handling CDL DUI charges involves several steps:

1. Arrest & Booking: Field sobriety or chemical tests are often conducted.
2. Administrative License Suspension (ALS): CDL holders face an immediate suspension from the DMV, separate from criminal proceedings.
3. Arraignment: Plea entry (guilty, not guilty, or no contest).
4. Pretrial Hearings & Negotiations: Potential charge reductions or evidence challenges.
5. Trial & Sentencing: If the case proceeds to trial, the outcome will be determined by a judge or jury.
6. Appeals: You may appeal if convicted.

Defenses Against CDL DUI Charges

Our Morgantown CDL DUI attorneys use a variety of strategies to defend you, including:

• Challenging Test Accuracy: Breathalyzer or blood test results may be inaccurate due to calibration errors or medical conditions.
• Questioning Probable Cause: We examine whether law enforcement had a valid reason to stop you.
• Errors in Field Sobriety Tests: Environmental factors or physical limitations can affect performance, leading to false signs of impairment.
• Police Misconduct: We review any violations of your constitutional rights during the arrest.

If outright dismissal is not possible, we may negotiate for reduced charges or alternative penalties like plea bargains, DUI education programs, or probation.

How a CDL DUI Case Can Impact Your Life

A CDL DUI conviction can have a lasting impact on your career, leading to job loss, higher insurance premiums, and permanent damage to your driving record. Many trucking companies have a zero-tolerance policy, which may result in immediate termination. Fighting the charges aggressively is crucial to minimizing the damage to your career and future opportunities.

What to Do if You Are Pulled Over for a CDL DUI

• Stay Calm & Cooperate: Be respectful but remember your rights.
• Decline Field Sobriety Tests: These are subjective and often unreliable.
• Request a Lawyer: Do not answer questions without legal representation.
• Document Everything: Write down details of the stop.
• Avoid Discussing Your Case: Anything you say can be used against you.

Commercial License DUI FAQs

How Can I Fight My CDL DUI?

Fighting a CDL DUI in West Virginia involves several possible defense strategies, including challenging the validity of the traffic stop, questioning the accuracy of field sobriety tests, contesting the breathalyzer or blood test results, and examining whether law enforcement followed proper procedures. Hiring an experienced DUI attorney who specializes in CDL offenses can help build a strong defense tailored to the specifics of your case. An attorney may also explore plea bargaining options or attempt to get the charges reduced.

What Are the Consequences of a CDL DUI and License Suspension in WV?

A CDL DUI conviction in West Virginia can lead to serious penalties, including a mandatory suspension of your commercial driver’s license. For a first offense, a CDL holder can face a suspension for one year, while a second offense can lead to a lifetime disqualification. Commercial drivers convicted of DUI with a BAC of 0.04% or higher can be disqualified from driving a commercial vehicle for up to one year. It's crucial to act quickly and consult with an attorney to explore options for reducing the length of the suspension or seeking a temporary license.

Can a CDL DUI Be Sealed or Expunged in West Virginia?

West Virginia law does not allow for the expungement or sealing of a CDL DUI conviction. Unlike some other offenses that may be eligible for expungement after a certain period, a CDL DUI conviction remains on your record permanently. This makes it crucial to fight the charges aggressively, as the consequences of a DUI conviction on your CDL can have a lasting impact on your career.

How Long Does a CDL DUI Stay On Your Record?

A CDL DUI conviction will stay on your record for life in West Virginia. This permanent record can affect not only your ability to retain or obtain a commercial driver’s license but also your employment prospects within the transportation industry. Since CDL drivers are held to stricter standards than non-commercial drivers, a DUI conviction can be especially damaging in your professional life.

How Can You Get a CDL DUI Off Your Record in WV?

Unfortunately, you cannot remove a CDL DUI from your record in West Virginia, as it is a permanent conviction. However, depending on the specifics of your case and whether you have any prior offenses, an experienced attorney may be able to help reduce penalties, including negotiating a shorter suspension or exploring other avenues to minimize the impact on your career. It’s essential to have legal representation to ensure the best possible outcome in your case.

Why Choose The Moore Law Firm, PLLC?

At The Moore Law Firm, PLLC, we are dedicated to protecting your rights and securing the best possible outcome for your case. With nearly 60 years of combined experience and a proven track record in both civil and criminal litigation, our firm stands out for its commitment to excellence.

• Customized Strategies – Every case is unique, and we tailor our approach to fit your specific needs.
• Proven Courtroom Success – Over 100 civil and criminal cases successfully tried.
• Former Prosecutor & Judge – Jerry D. Moore has experience on all sides of the courtroom.
• Insight from the Defense Side – Jared T. Moore uses his past experience as a defense attorney to anticipate and counter opposition strategies.
• Client-Centered Approach – We provide personalized attention and go the extra mile to protect your rights.

Contact The Moore Law Firm, PLLC Today

If you are a commercial driver facing DUI charges in Morgantown, you need experienced legal representation. The consequences of a CDL DUI can be devastating, but you do not have to fight this battle alone. Contact The Moore Law Firm, PLLC today for a free consultation and let us help protect your rights, your license, and your future.

Call (304) 521-2451 or fill out our online form to schedule a free consultation with our Morgantown CDL DUI lawyer.