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The Moore Law Firm, PLLC The Moore Law Firm, PLLC
Strong Legal Advocacy in Morgantown 304-521-2451
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FAQ

  • DUI

    • What Can a DUI Lawyer Do for You?

      An attorney will investigate your DUI case, develop a defense strategy, explain your options, and answer all your questions. They can help you understand the impact that evidence can have on your case. Your attorney’s job is to ensure you are informed and kept up-to-date about your case.

    • How Can I Get My DUI Charge Dropped?

      There are different ways in which a DUI can be dropped or dismissed, including:

      • Successful completion of the West Virginia DUI Deferral Program for those who qualify
      • Tough negotiations by an aggressive DUI defense lawyer
      • Suppression of important evidence, such as the BAC results from the Intoximeter EC/IR II machine
      • An acquittal at trial
      • Granting of a motion to dismiss based upon a legal technicality, failure to comply with laws or regulations, or a constitutional violation
      • A plea to a lesser offense

      At The Moore Law Firm, PLLC, our team can look at every aspect of your DUI case from the moment you were spotted by police to the time you walk into the courtroom. If something wasn’t done right, we will find it and use it to your advantage.

    • What Are the Different Types of Field Sobriety Tests?

      The Standardized Field Sobriety Test (SFST) is made up of 3 individual tests. There is the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-turn test, and the One-leg stand test. The goal of these tests is to help the officer determine if you are under the influence behind the wheel of your vehicle. They look for signs during these tests, such as slurred speech, loss of balance, or not following instructions properly.

    • What Is Aggravated DUI in WV?

      In West Virginia, a DUI offense becomes an aggravated DUI offense when the driver's BAC is 0.15 or greater.

    • Do I Need a Lawyer for a DUI?

      You should strongly consider hiring a DUI defense lawyer, as they can make a tremendous difference in your case. Whether you want to fight the DUI in court, negotiate a plea, or participate in the West Virginia DUI Deferral Program, the team at The Moore Law Firm, PLLC can help every step of the way. 

    • What Happens if I Refuse a Breathalyzer or Blood Test in WV?

      Under West Virginia’s implied consent law, refusing a breathalyzer or blood test comes with serious penalties, including:

      • First Refusal: 45-day to 1-year license suspension
      • Second Refusal: 10-year license suspension
      • Third Refusal: Lifetime revocation

      Additionally, you may be required to participate in the West Virginia Alcohol Test and Lock Program (Ignition Interlock) to regain driving privileges. Refusing a test does not guarantee avoiding a DUI charge, as officers can use other evidence against you.

    • How Long Will My License Be Suspended for a DUI in West Virginia?

      The length of your driver's license suspension for a DUI in West Virginia depends on the offense:

      • First DUI Offense: 15 to 45 days (or participation in the Ignition Interlock Program)
      • Second DUI Offense: 1-year suspension
      • Third or Subsequent DUI Offense: Lifetime revocation (may be eligible for reinstatement after 10 years)
      • Refusing a Breathalyzer Test: 45 days to 1 year suspension

      You may qualify for the West Virginia Alcohol Test and Lock Program (Interlock Program) to reduce your suspension. Contact us to discuss your options and protect your driving privileges.

    • Can a Dui Be Expunged From My Record?

      In West Virginia, a first-time DUI offense may be eligible for expungement under certain conditions. To qualify:

      • It must be a first-offense, non-aggravated DUI (BAC under 0.15).
      • You must complete the West Virginia DUI Deferral Program and comply with all court requirements.
      • You must not have any additional DUI charges within the deferral period.

      If successful, your DUI charge is dismissed and removed from your record. However, repeat DUI offenses, aggravated DUIs, and DUIs involving injury or death cannot be expunged.

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