Underage DUI Lawyer in Morgantown

We’ve Won DUI Appeals Against the West Virginia DMV. We’re Ready to Fight for You.

West Virginia holds drivers under 21 to a stricter standard than adult drivers. A blood alcohol concentration (BAC) as low as 0.02% is enough to trigger an underage DUI charge. For a young driver who depends on a license to get to class or work, the consequences can be immediate and far-reaching. We’ve secured a DUI appeal victory against the West Virginia Division of Motor Vehicles, and we bring that same approach to every license challenge and criminal defense matter we handle.

If your child or a young driver you know is facing an underage DUI charge in Morgantown or anywhere in West Virginia, call (304) 521-2451 now for a free consultation with The Moore Law Firm, PLLC.

West Virginia’s Zero-Tolerance Standard

For drivers 21 and older, a DUI charge requires a BAC of 0.08% or higher. Drivers under 21 face a zero-tolerance policy: any BAC between 0.02% and 0.08% is enough for an underage DUI conviction. That lower threshold means a single drink can put a young driver over the limit in the eyes of the law.

When a driver under 21 registers a BAC of 0.08% or higher, the case shifts to adult DUI territory. The same penalties that apply to a 30-year-old driver apply to the teenager or college student behind the wheel. Understanding which threshold governs a specific charge is one of the first steps in building a defense strategy.

Penalties for a First & Second Offense

An underage DUI charge is a misdemeanor, but the consequences are real. Knowing exactly what’s at stake helps families make informed decisions quickly.

First Offense
A first-time underage DUI can result in fines between $25 and $100 and a 60-day driver’s license revocation. For a student who commutes to West Virginia University or holds a part-time job, losing driving privileges for two months disrupts daily life immediately.

Second Offense
A second charge carries fines between $100 and $500, a mandatory 24 hours in jail, and a license revocation of one year or until the offender turns 21, whichever is longer. That extended suspension can follow a young person well into adulthood.

An underage DUI arrest also frequently brings a separate minor-in-possession charge. These are distinct offenses, and each requires its own defense consideration.

Consequences That Extend Beyond the Courtroom

A conviction doesn’t end when the case closes. Underage DUI convictions can appear on background checks reviewed by employers, internship programs, and college admissions offices. Scholarships with conduct requirements can be revoked. Auto insurance carriers may raise premiums substantially or decline to renew coverage entirely. For a student in a competitive academic program or a young professional entering the workforce, those downstream effects can matter as much as the immediate penalties.

Local Enforcement in Morgantown

Morgantown is home to West Virginia University, which enrolled 23,643 students in Fall 2024, making it the largest university in the state. That population draws consistent attention from multiple law enforcement agencies: WVU Police patrol the campus and adjacent areas, while the Morgantown Police Department and the Monongalia County Sheriff’s Office cover the broader city and county.

Misdemeanor underage DUI charges are typically handled at the Monongalia County Magistrate Court in Morgantown. We represent clients from Morgantown and throughout West Virginia, and we know how local agencies and courts approach these cases.

What to Do After an Underage DUI Arrest

The decisions made in the hours and days after an arrest can directly affect the outcome. Two areas deserve immediate attention.

Right to Remain Silent
Don’t discuss the details of the stop or the charge with law enforcement without an attorney present. Anything said can be used against the driver in court. Politely declining to answer questions isn’t an admission of guilt.

Implied Consent & Chemical Test Refusal
By driving in West Virginia, every driver has already consented to breath and chemical testing when law enforcement suspects DUI. Refusing a test triggers an automatic one-year license suspension for a first refusal and can be introduced as evidence at trial. Under West Virginia Code §17C-5-7a, a driver who refuses testing must request a refusal review hearing within 30 days of their first court appearance to challenge the finding. Miss that window and the refusal finding stands unchallenged.

Why Families in Morgantown Turn to The Moore Law Firm, PLLC

Our attorneys bring nearly 60 years of combined legal experience to every case. Clients work directly with an attorney throughout their matter. There’s no hand-off to paralegals for the substantive work, and that access matters when a 30-day deadline is running and decisions need to be made fast. Our prior DMV appeal victory reflects exactly this kind of administrative fight, and we can pursue it on your behalf.

Jared T. Moore
Jared T. Moore holds an AV Preeminent Rating from Martindale-Hubbell, the highest peer-review rating the organization awards, and is recognized among the nation’s top one percent of attorneys by the National Association of Distinguished Counsel.

Jerry D. Moore
Jerry D. Moore served as both a prosecuting attorney and a circuit judge, giving our firm direct insight into how prosecutors and courts evaluate DUI cases.