Morgantown, WV Aggravated DUI Attorney

Aggressive Defense for Aggravated DUI Charges in WV

If you or someone you know is facing an aggravated DUI charge in Morgantown, WV, it’s essential to understand the gravity of the situation and take immediate action to protect your rights and future. An aggravated DUI, also known as an enhanced DUI or DUI with aggravating circumstances, carries severe consequences in West Virginia. A conviction can result in hefty fines, long-term license suspensions, mandatory counseling, and even jail time. At this critical juncture, the guidance of an experienced Morgantown aggravated DUI attorney is crucial.

At The Moore Law Firm, PLLC, we understand the complexity of DUI defense and the heavy penalties that accompany an aggravated DUI charge. With years of experience defending clients in Morgantown and across West Virginia, we are committed to providing aggressive, personalized defense strategies tailored to your case. Our team works tirelessly to achieve the best possible outcome for every client, whether that means reducing charges, negotiating plea deals, or fighting for your case in court.

What is an Aggravated DUI in West Virginia?

An aggravated DUI charge refers to a situation where a driver is found to be operating a vehicle while under the influence of alcohol or drugs, but with additional factors that elevate the offense to a more severe level. These factors include high blood alcohol concentration (BAC), prior DUI convictions, driving with a child passenger, or other dangerous circumstances.

In West Virginia, DUI penalties are harsher if the driver’s BAC is significantly above the legal limit of 0.08%. If you are arrested for a DUI and your BAC is over 0.15%, you could face enhanced penalties. The state recognizes this higher BAC as indicative of reckless behavior, and the law mandates stricter consequences.

Aggravated DUI Penalties in Morgantown, WV

West Virginia law imposes steep penalties for those convicted of an aggravated DUI. The penalties vary depending on factors such as BAC, previous DUI convictions, and whether you caused harm to others while driving under the influence. The possible consequences for an aggravated DUI conviction in Morgantown, WV include first offense, second offense, and third offense.

First Offense Aggravated DUI (BAC 0.15% or higher)

For a first-time DUI offender with an aggravated charge (BAC of 0.15% or higher), the penalties may include:

• Fines: You could face fines of up to $1,000.
• License Suspension: Your driver’s license could be suspended for a period of 45 days to 1 year.
• Jail Time: You may be sentenced to up to 6 months in jail.
• Mandatory Counseling: Completion of an alcohol and drug education program may be required.
• Ignition Interlock Device: The court may order you to install an ignition interlock device on your vehicle, which prevents the car from starting if alcohol is detected on your breath.

Second Offense Aggravated DUI (BAC 0.15% or higher)

If you have a prior DUI conviction on your record and are charged with an aggravated DUI again, the penalties increase significantly:

• Fines: You could face fines ranging from $1,000 to $3,000.
• License Suspension: Your driver’s license could be suspended for 1 to 3 years.
• Jail Time: A second offense may result in a jail sentence of up to 1 year.
• Mandatory Counseling: You will likely be required to attend substance abuse education and treatment programs.
• Ignition Interlock Device: If you are convicted, an ignition interlock device may be required for a period of 1 to 3 years.

Third Offense Aggravated DUI (BAC 0.15% or higher)

If you have two previous DUI convictions and are facing a third aggravated DUI charge, the consequences are extremely serious:

• Fines: The fines for a third offense DUI could range from $3,000 to $5,000.
• License Suspension: Your driver’s license may be revoked for a period of 3 to 5 years.
• Jail Time: You may face a mandatory minimum of 1 year in jail, and up to 3 years, depending on the circumstances.
• Permanent Criminal Record: A third offense DUI conviction carries a permanent criminal record that can affect your future employment opportunities, housing options, and more.
• Ignition Interlock Device: A third offense will almost certainly result in a requirement for an ignition interlock device for a period of up to 5 years.

Additional Aggravating Factors

There are several other circumstances that can lead to aggravated DUI charges in West Virginia. These factors can result in even more severe penalties:

• DUI with a Child Passenger: If you are caught driving under the influence with a child under the age of 16 in the car, the charge is automatically elevated to an aggravated DUI, regardless of your BAC level.
• DUI Causing Injury or Death: If your DUI leads to an accident that injures or kills another person, you can face charges of DUI causing injury or DUI causing death, which carry significantly harsher penalties, including longer prison sentences.

Defending an Aggravated DUI Charge in Morgantown, WV

If you are facing an aggravated DUI charge in Morgantown, WV, it’s important to understand that a conviction is not guaranteed. An experienced DUI defense attorney can thoroughly investigate the circumstances of your arrest and build a strong defense on your behalf. Some potential defense strategies include:

1. Challenging the BAC Results

One of the most common defenses in DUI cases is to challenge the accuracy of the BAC test. Breathalyzer devices can be inaccurate for several reasons, including improper calibration, maintenance issues, or user error. A skilled Morgantown DUI lawyer can scrutinize the test results to determine whether they were reliable.

2. Questioning the Traffic Stop

In some cases, DUI charges can be dismissed if the police officer did not have reasonable suspicion to pull you over in the first place. If the stop was unlawful, any evidence gathered after the stop, including BAC results, may be inadmissible in court.

3. Arguing Duress or Medical Conditions

In rare cases, certain medical conditions or external factors could influence your ability to pass a sobriety test or cause an elevated BAC. A skilled DUI defense attorney can investigate whether such factors were at play in your case.

4. Plea Bargaining

In some situations, an attorney may be able to negotiate with the prosecution to reduce the charges or penalties, such as lowering the BAC level or avoiding jail time through a plea deal.

Why Choose The Moore Law Firm, PLLC for Your Aggravated DUI Defense?

When facing an aggravated DUI charge in Morgantown, WV, choosing the right legal representation can make all the difference. The Moore Law Firm, PLLC is committed to protecting your rights and securing the best possible outcome for your case. With nearly 60 years of combined experience, our team has a proven track record of success in both civil and criminal cases, including DUI defense.

Jared T. Moore, our dedicated and skilled litigator, is known for his superior work ethic and meticulous approach to every case. With a background as a defense attorney for large companies and insurers, Jared has valuable insight into how the opposition builds its case, which allows him to craft effective counterstrategies. His expertise spans personal injury, wrongful death, and insurance bad faith cases, along with his dedication to criminal defense and employment law.

With over 100 successfully tried cases, our team at The Moore Law Firm, PLLC is well-equipped to handle the complexities of aggravated DUI charges. We are committed to maximizing results for our clients, providing the personalized attention you deserve throughout the legal process.

Contact a Morgantown, WV Aggravated DUI Attorney Today

If you or someone you know is facing an aggravated DUI charge in Morgantown, WV, don’t wait to seek legal help. The penalties are severe, and a conviction can have lasting consequences on your life. At The Moore Law Firm, PLLC, we are dedicated to providing you with the skilled legal defense you need to protect your future.

Contact us today to schedule a free consultation and begin building your defense. Your future is worth fighting for.