Criminal Defense

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Frequently Asked Questions about DUI

Below are some general answers to some common DUI questions. By understanding the West Virginia DUI laws and procedures, you can feel more confident about your ability to fight the charges and protect your future. If you need more information, contact an experienced criminal defense lawyer immediately following your DUI charge.

What can a DUI lawyer do for you?

An attorney will investigate your DUI case, develop a defense strategy, explain your options, and answer all your questions. They can help you understand the impact that evidence can have on your case. Your attorney’s job is to ensure you are informed and kept up-to-date about your case.

How can I get my DUI charge dropped?

There are different ways in which a DUI can be dropped or dismissed, including:

  • Successful completion of the West Virginia DUI Deferral Program for those who qualify
  • Tough negotiations by an aggressive DUI defense lawyer
  • Suppression of important evidence, such as the BAC results from the Intoximeter EC/IR II machine
  • An acquittal at trial
  • Granting of a motion to dismiss based upon a legal technicality, failure to comply with laws or regulations, or a constitutional violation
  • A plea to a lesser offense

At The Moore Law Firm, PLLC, our team can look at every aspect of your DUI case from the moment you were spotted by police to the time you walk into the courtroom. If something wasn’t done right, we will find it and use it to your advantage.

What are the different types of Field Sobriety Tests?

The Standardized Field Sobriety Test (SFST) is made of up 3 individual tests. There is the Horizontal Gaze Nystagmus (HGN) test, Walk-and-turn test, and the One-leg stand test. The goal of these tests is to help the officer determine if you are under the influence behind the wheel of your vehicle. They look for signs during these tests such as slurred speech, loss of balance or not following instructions properly.

What is Aggravated DUI in WV?

In West Virginia, a DUI offense becomes an aggravated DUI offense when the driver's BAC is 0.15 or greater.

Do I need a lawyer for a DUI?

You should strongly consider hiring a DUI defense lawyer, as they can make a tremendous difference in your case. Whether you want to fight the DUI in court, negotiate a plea, or participate in the West Virginia DUI Deferral Program, the team at The Moore Law Firm, PLLC can help at every step of the way. 

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Will I Go to Jail for a First Offense DUI?

There are a lot of different factors that are considered when determining whether a person convicted of DUI will go to jail. At The Moore Law Firm, our goal is to absolutely avoid jail time for our clients. We have been successful in avoiding jail time for our DUI clients through the West Virginia Deferral Program, tough negotiations, and strategic and effective pre-trial motion practices.

Will my driver’s license automatically be revoked as a result of a DUI Charge?

Unless you refuse to submit to the secondary chemical test (the Intoximeter), the answer is no. As of July 1, 2020, a person must be convicted of a DUI offense before his or her license can be revoked or suspended by the DMV for a DUI.

If you refuse the secondary chemical test (the Intoximeter), then your license will be automatically revoked by the DMV unless you notify the court within 30 days that you want a DUI Refusal Review Hearing.

What is the West Virginia Motor Vehicle Alcohol Test and Lock Program?

Participants in the West Virginia Motor Vehicle Alcohol Test and Lock Program can only operate a motor vehicle equipped with an ignition interlock device. These small devices—commonly known as the “blow and go” machine—are hardwired into a car’s electrical system. The device requires a breath sample before allowing the car to start. Participants are required to appear at a service station every 30 to 60 days so that a technician can download the recorded data from the device. Also, individuals are required to complete an Alcohol Safety and Treatment Course.

What is the Deferral Program?

This program allows a person charged with a first-offense, non-aggravated DUI to defer the criminal case until the person can successfully complete the West Virginia Motor Vehicle Alcohol Test and Lock Program. One year following the successful completion of the West Virginia Motor Vehicle Alcohol Test and Lock Program, the person can file a motion with the court to have the DUI expunged from his or her criminal record.

What does the Deferral Program entail?

A person charged with first-offense DUI must notify the court within 30 days after arrest that he or she is requesting to participate in the Deferral Program. The person must either plead guilty or be found guilty of DUI. The court then continues or defers the criminal proceedings and places the person on probation.

The person’s driver’s license will be revoked for 15 days with an additional 165 days with the Interlock device in his or her vehicle. After the completion of the West Virginia Motor Vehicle Alcohol Test and Lock Program, a motion will be filed with the Magistrate Court to dismiss the DUI charge. One year following the successful completion of the West Virginia Motor Vehicle Alcohol Test and Lock Program, another motion will be filed to have the DUI charge expunged from the person’s criminal record.


If I have had a previous DUI conviction, am I eligible to participate in the Deferral Program?

No. Only those individuals who are charged with DUI for the first time are eligible for the Deferral Program. Also, only individuals with a BAC level under 0.15 are eligible for the Deferral Program.

Where will my hearing be held?

For DUI charges that are pending in Magistrate Court, your hearing will be at the Monongalia County Justice Center, located at 75 High Street, Morgantown, WV, directly across the street from The Moore Law Firm, PLLC. If your DUI charge is pending in the City of Morgantown Municipal Court, then your hearing will be at 300 Spruce Street, Morgantown, WV.

Will my automobile insurance premium increase as a result of my DUI?

It depends on your insurance carrier. Some insurance carriers increase premiums after their insured is convicted of DUI. Other insurance carriers do not. The more DUI and traffic citations you have, however, the more likely it is that your insurance premium will increase.

Can I be charged with second-offense DUI if my prior DUI conviction is from another state?

Yes. A prior conviction within the past 10 years from another state or jurisdiction can be used to charge you with second- or even third-offense DUI if the elements of proof for that conviction are the same as the elements of proof for a DUI in West Virginia. Generally, all states have the same required elements of proof for a DUI conviction, so a conviction in another state can be used to charge a person with a second- or third-offense DUI in West Virginia.

Does a DUI show up on a background check?

Yes. A DUI will initially show up on a background check as a “charge” or an “arrest.” If you are convicted of DUI, that conviction will be reflected on a background check. There are limited ways to have a DUI removed from a background check, but certainly specific steps must be taken. That is why it is important to contact an experienced DUI lawyer immediately after being charged. The Moore Law Firm, PLLC has helped many clients get their DUI charge removed or expunged from their criminal record.

Contact The Moore Law Firm if you or a loved one has been charged with a DUI.


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