Drug DUI Lawyer in Morgantown, WV

Representation for Drugged Driving Chagres in West Virginia

If you’ve been arrested or accused of driving under the influence of drugs (Drug DUI) in West Virginia, it’s crucial to understand the seriousness of the charges and the potential consequences you may face. At The Moore Law Firm, PLLC, we offer dedicated legal representation to individuals facing drug DUI charges in Morgantown and surrounding areas. Our experienced attorneys are ready to protect your rights and guide you through the legal process with confidence. Don’t wait to secure the defense you deserve.

Understanding Drug DUI Charges in West Virginia

In West Virginia, a Drug DUI charge is not limited to alcohol. Driving under the influence of any drug—whether prescription, over-the-counter, or illegal substances—can lead to severe legal consequences. If a law enforcement officer believes you are impaired while operating a vehicle due to drugs, they may arrest you and submit you to various tests, such as a blood, urine, or saliva test.

West Virginia law follows the West Virginia Code §17C-5-2, which prohibits operating a motor vehicle under the influence of any drug or controlled substance that impairs your ability to safely drive.

Identifying Drugs in the Driver’s System

Drug DUI cases are unique because they often involve complex issues of impairment detection. Police officers may not be able to immediately identify the drug that is affecting your ability to drive, but they may use tools like field sobriety tests, drug recognition expert (DRE) evaluations, or chemical tests. Some of the most common drugs involved in DUI cases include:

• Prescription medications (e.g., painkillers, benzodiazepines, or antidepressants)
• Illegal drugs (e.g., marijuana, cocaine, methamphetamine, heroin)
• Over-the-counter medications (e.g., antihistamines, cold medications)

If arrested, it’s important to note that the prosecution must prove that the drugs in your system were impairing your ability to operate the vehicle.

Legal Limit for Drugs in West Virginia

Unlike alcohol, which has a legal limit of 0.08% blood alcohol concentration (BAC), West Virginia does not have a specific legal limit for drugs. Instead, the focus is on impairment. The prosecution must show that the drugs you were using impaired your ability to drive safely. However, certain drugs, such as marijuana, may have specific detection thresholds based on chemical analysis, but there is no universal “limit” for drug-related DUI charges.

Drug DRUI Penalties in West Virginia

West Virginia Code §17C-5-2 prohibits driving under the influence of any drug or controlled substance that impairs the driver’s ability to safely operate a vehicle.

In West Virginia, the penalties for a Drug DUI (Driving Under the Influence of Drugs) charge can be severe. These penalties vary based on whether it's your first, second, or third offense. West Virginia law prohibits driving under the influence of any drug or controlled substance that impairs your ability to operate a vehicle safely.

First Offense Drug DUI:

• License suspension for 15 days
• Up to 6 months in jail
• A fine ranging from $100 to $500
• Mandatory drug education or treatment programs

Second Offense Drug DUI:

• License suspension for 45 days
• Up to 1 year in jail
• A fine ranging from $1,000 to $3,000
• Mandatory drug treatment programs

Third Offense Drug DUI:

• License suspension for 90 days
• Up to 3 years in jail
• A fine of $3,000 to $5,000
• Mandatory drug rehabilitation programs

The penalties for a Drug DUI charge are severe, and you may also face long-term consequences like an increase in insurance rates and potential difficulties in employment or personal life.

Additional Penalties for Drug DUI:

• Refusal to Submit to Testing: If you refuse to submit to chemical testing (blood, urine, or saliva tests), there may be an additional license suspension and a fine. The penalties for refusal are separate from DUI-related charges.
• Increased Penalties for Accidents or Injuries: If the driver causes an accident resulting in injury or death while under the influence of drugs, the penalties may be more severe, including longer prison sentences and larger fines.
• Possession Charges: If the drug DUI charge involves possession of a controlled substance, you may face separate drug possession charges, which carry additional penalties.

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

If you’ve been charged with a Drug DUI in Morgantown, WV, it’s essential to have a skilled and knowledgeable attorney on your side. Here’s why The Moore Law Firm, PLLC is your best choice:

• Customized Strategies: We develop tailored strategies to address the specific needs of your Drug DUI case.
• Personalized Attention: Every client receives dedicated, one-on-one attention throughout the legal process.
• Client Dedication: We go the extra mile to protect your rights and fight for the best outcome.
• Decades of Experience: Our skilled litigators bring over 60 years of combined experience to your case.

Protect Your Rights – Call The Moore Law Firm, PLLC Today

If you’ve been arrested for a Drug DUI in Morgantown or surrounding areas, don’t wait to seek legal help. The sooner you act, the better your chances are of minimizing the penalties you face. We’ll review your case, explain your options, and work with you to build a strong defense strategy.

Contact The Moore Law Firm, PLLC today for a free consultation with our drug DUI lawyer in Morgantown, WV.