DUI Defense

Logan County DUI Defense Lawyer

Expert DUI Defense in Chapmanville and Beyond

If you or a loved one has been charged with driving under the influence (DUI) in Logan County, West Virginia, you need an experienced legal advocate who understands the complexities of DUI law and the consequences you face. At Kuenzel Law PLLC, our team of skilled Logan County DUI defense attorneys is dedicated to providing aggressive and effective legal representation to protect your rights and fight for the best possible outcome in your case.

DUI charges in West Virginia carry serious penalties that can affect every aspect of your life, including your driving privileges, personal freedom, and reputation. With the stakes high, having a knowledgeable attorney by your side can make a significant difference in the outcome of your case.

Call (304) 427-5706 or contact us online today to let us get started on your defense.

What is Considered a DUI in West Virginia?

In West Virginia, a DUI charge is typically based on the driver’s blood alcohol concentration (BAC) or impairment due to drugs or alcohol. The law states that you can be arrested for a DUI if you operate a vehicle while:

Under the influence of alcohol: If your BAC is 0.08% or higher, you can be arrested and charged with a DUI. This is the legal limit for adults over 21 years old.
Under the influence of drugs: DUI charges also apply if you are impaired by drugs (including prescription medication, illegal drugs, or over-the-counter substances) to the point that you cannot operate the vehicle safely.
Refusing a chemical test: If you refuse to submit to a breath, blood, or urine test when requested by a law enforcement officer, you could face additional penalties, even if you are not intoxicated.

West Virginia law also applies stricter regulations for drivers under 21 years old and commercial vehicle drivers. For underage drivers, the BAC limit is 0.02%, and for commercial drivers, the BAC limit is 0.04%.

WV DUI Penalties

The penalties for DUI offenses in West Virginia vary depending on whether it is your first, second, or third offense. The consequences increase with each conviction, and even a first-time DUI offense can result in severe penalties.

First-Time DUI Offense

If you are charged with a DUI for the first time in West Virginia, the penalties may include:

Fines: You may be required to pay a fine ranging from $100 to $500.
License Suspension: Your driver's license may be suspended for 15 days to 45 days.
Jail Time: You could face a jail sentence of up to 6 months, but a first offense DUI is often eligible for probation or other alternatives.
Mandatory DUI Education: The court may order you to attend a DUI education program.
Ignition Interlock Device: In some cases, an ignition interlock device may be required on your vehicle for a period of time.

Second DUI Offense

For a second DUI offense within 10 years of the first conviction, the penalties become more severe:

Fines: Fines range from $1,000 to $3,000.
License Suspension: Your driver’s license may be suspended for up to 1 year.
Jail Time: Jail time of 6 months to 1 year may be imposed.
Ignition Interlock Device: A court may require an ignition interlock device to be installed on your vehicle.
DUI Education: Participation in a DUI education program may still be required.

Third DUI Offense

A third DUI conviction within 10 years is considered a felony in West Virginia, carrying the harshest penalties:

Fines: Fines of $3,000 to $5,000.
License Suspension: A third offense can result in a license suspension of up to 3 years.
Jail Time: You could face 1 to 3 years of incarceration.
Ignition Interlock Device: An ignition interlock device will likely be required on your vehicle.
DUI Education: Attendance in a DUI education program is typically required.

Additional Penalties

Enhanced Penalties for High BAC: If your BAC is 0.15% or higher, additional penalties, such as mandatory alcohol education programs or longer license suspensions, may apply.
Penalties for Refusal: Refusing to take a chemical test when requested can lead to a 1-year license suspension for a first offense, longer for subsequent offenses.

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Common Legal Defenses to DUI Charges

When facing DUI charges, it is essential to understand that being arrested does not automatically mean a conviction. There are several legal defenses that a lawyer can explore to challenge the charges and work towards a reduction or dismissal of your case. Some common defenses include:

Improper Traffic Stop: For an officer to lawfully pull you over, they must have reasonable suspicion that you have committed a traffic violation or are driving erratically. If your attorney can demonstrate that the officer did not have a valid reason to stop you, any evidence obtained during the stop, including breathalyzer tests or field sobriety tests, may be inadmissible in court.
Inaccurate BAC Results: Breathalyzer and other chemical tests are not always 100% accurate. A variety of factors, including improper calibration of the device, faulty equipment, or mistakes by the administering officer, can result in a false reading. A skilled attorney can challenge the accuracy of the BAC test and argue that the results should not be relied upon in determining your guilt.
Field Sobriety Test Errors: Field sobriety tests are subjective and prone to error. If you were not given the tests correctly, or if you were impaired by factors other than alcohol (such as medical conditions, fatigue, or stress), these tests may not be a reliable indication of impairment. A DUI defense attorney can argue that the tests did not provide accurate evidence of intoxication.
Lack of Probable Cause: In some cases, the officer may not have had probable cause to arrest you for a DUI. If your attorney can prove that there was insufficient evidence to warrant your arrest, the charges against you could be dropped.
Medical Conditions or Medications: Certain medical conditions or prescription medications can mimic the signs of intoxication, such as slurred speech or poor coordination. If you were suffering from a medical condition or taking medication that caused symptoms similar to intoxication, your attorney can use this as a defense in your case.
Mistaken Identity or False Accusations: Sometimes, individuals are wrongly accused of DUI due to mistaken identity or other factors. Your attorney can investigate the circumstances surrounding your arrest and present evidence that supports your claim of innocence.

Contact a Logan County DUI Defense Attorney Today

Being charged with a DUI in Logan County, WV, is a serious matter that requires immediate attention from a skilled DUI defense attorney. At Kuenzel Law PLLC, we are committed to protecting your rights and ensuring you receive a fair trial. Our experienced legal team will carefully analyze the details of your case and fight to minimize the impact on your life.

If you are facing DUI charges in Logan County, WV, contact us today at (304) 427-5706 for a consultation.

Why Choose Kuenzel Law Pllc?

Hands-On Approach

The Kuenzel Law team is personally invested in every client, taking the time to give your case the thorough investigation you deserve.
Over 20 Years of Experience

With a unique perspective from his decade as a state trooper, Robert Kuenzel has a thorough understanding of the legal process from both sides.
Compassionate & Effective Representation

You're never just a number here; Kuenzel Law will walk you through the often-daunting legal process at every step.
Open and Honest Communication

We prioritize keeping being responsive and will keep you regularly updated; you won't wonder about the status of your case.

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