Martinsburg DUI Lawyer - B. Craig Manford Attorney At Law

Arrested for DUI? Make the State Prove Its Case.

COMMONLY ASKED QUESTIONS AND ANSWERS

TYPE OF CASES OUR FIRM HANDLES

All criminal matters and drug forfeiture cases. DUI cases and administrative license revocation proceedings in the WV DMV.

WE THINK YOU SHOULD HIRE US IF

You are looking for an experienced criminal defense or trial attorney who has handled almost every type of criminal case possible and who charges a reasonable fee for services.

OUR FIRM IS NOT RIGHT FOR YOU IF

You don’t care about integrity and you don’t want someone who will sit down with you, explain the pros and cons of your case, educate you as to the applicable law and devise a plan to get you out of the trouble you are in.

IF YOU WANT TO TELL OUR LAW FIRM ABOUT YOUR SITUATION YOU SHOULD:

I personally communicate with you whenever possible. If I am in Court when you call, you can leave a message. I personally guarantee you will hear back from me in 24-hours, or less - most often, much less. My office phone is (304) 263-5698.

THE TYPICAL COST TO GET US TO START WORKING ON YOUR CASE IS:

The cost varies depending on the allegation and facts of the case. A fee will be quoted at our initial consultation.

OUR CLIENTS WILL TELL YOU THAT

They have easy access to their lawyer. A client can reach me by phone or email. Anytime a client wants an appointment all they have to do is call the office to set one up. Former clients will tell you that I am always prepared for their cases and that I fight to get them the results they desire. Lastly, my clients will tell you that I know what I am doing and how to get them results.

OUR PHILOSOPHY ON HOW WE APPROACH  OUR CASES IS

Every Client’s case is unique to them. Every Client’s case is probably the most important thing in their lives at the time. We know you worry about how your case will turn out and we represent you like you are a family member not just a pay check.

IF YOU WANT TO LEARN MORE ABOUT OUR FIRM YOU SHOULD

Visit our website or call our office for a free consultation or phone conference. During our free initial consultation I will answer all of your questions. Please call (304) 263-5698.

West Virginia DUI Law Highlights: BAC Levels and Implied Consent

State	"Per Se" BAC Level	"Zero Tolerance" BAC Level	Enhanced Penalty BAC Level	"Implied Consent" Law
West Virginia	.08	.02	.150+	Yes

DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.

"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

West Virginia DUI Law Highlights: Selected Penalties

State	Administrative License Suspension/Revocation (1st/2nd/3rd Offense)	Mandatory Alcohol Education and Treatment/Assessment	Vehicle Confiscation Possible?	Ignition Interlock Device Possible?
West Virginia	6m/ 1y/ 1y	Both - in limited circumstances	No	Yes

Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.

DEFINITIONS:

Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.

Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.