DUI Law in West Virginia

Driving Under the Influence


A driving under the influence offense, commonly known as a DUI, DWI, or OUI, is one of the most commonly committed crimes in the United States. This does not mean that a DUI charge should be taken lightly. Drunk driving charges and convictions can be devastating, whether charged as a first offense or a second or third offense.

If you have been charged with a DUI in West Virginia, you should consult with an attorney in your area. If you cannot afford an attorney, a West Virginia magistrate court may require you to complete a financial affidavit and a public defender may be appointed to your case. Even if you are appointed an attorney, you should still consult with a local attorney well-versed in DUI law in West Virginia.

Consequences of a DUI Conviction

​If you are convicted of a DUI, you could face time in jail, a loss of your driving privileges, and a fine. A conviction can show up on a routine background check that may interfere with your chances of landing a job prospect. Good people occasionally make mistakes and experienced attorneys fighting for their clients make all the difference in getting the best possible outcome. Serving the Huntington-Charleston area, Blair Law Firm will fight for you.

Common Questions and Answers

  • Can I hire an attorney even though I've already been appointed one?
You can hire your own attorney even if the court has already given you one. The attorney you hire will notify the court.

  • I've never been in trouble before. Will I go to jail?
For a first offense DUI charge, you will most likely be taken to jail for processing and booking and be released within 24 hours. If you have no prior criminal record, you will most likely not receive a jail sentence, but each case is unique and is considered on a case-by-case basis.

  • Will my insurance go up?
​Having a DUI conviction on your record will cause points to be added to your license with the West Virginia DMV. There are classes available to reduce points on your license. No attorney can say for certain whether your insurance premiums will rise. Most insurance companies, however, rarely routinely check on their current clients' driving records. If you intend to switch to a new insurance company, you should expect to pay a larger premium.

  • What if I refused a breathalyzer?
​In the State of West Virginia, driving is considered a privelege, not a right. Since it is considered a privelege, all drivers in West Virginia must consent to a brethalyzer test or face having their license suspended by the West Virginia DMV. If you have already refused a breathalyzer and are charged with a DUI, this will most likely be used as evidence that you were driving impaired and under the influence of alcohol.

  • Shouldn't I just plead guilty and be done with it?
​​You should NEVER plead guilty to any offense without consulting with an attorney. Attorneys are able to analyze your case for strengths and weaknesses and use this information to negotiate the best possible plea deal with the prosecuting attorney assigned to your case.

Fighting for You

Blair Law Firm has successfully defended numerous clients with DUI charges in Putnam County, Kanawha County, Cabell County, and Lincoln County. Attorney Jeffrey R. Blair will give your case careful consideration and diligent representation no matter what the charge. If you or a loved one has been arrested for DUI in West Virginia, Mr. Blair can help. You can speak with him directly if you call (304) 964-0020 or you can fill out the form below to contact him by email.
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Criminal Defense • DUIs • DWIs • Driving Under the Influence • Driving While Impaired • Charleston-Huntington Lawyer

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Blair Law Firm, PLLC
Jeffrey R. Blair, Esq.
421 Midland Trail
Hurricane, WV 25526
(304) 964-0020