What to Expect After a DUI Arrest in West Virginia
Call 304-521-4341 to Speak With a DUI Lawyer in Huntington WV
Getting arrested for driving under the influence (DUI) can be one of the most stressful and life-changing events you ever face. From the fear of jail to the confusion around license suspension, most people don’t know what to expect — or what to do next.
At McClure & Goad PLLC, we represent individuals facing DUI charges throughout Huntington and across West Virginia. Whether it’s your first DUI or you’ve been charged before, our experienced criminal defense lawyers are here to guide you through every step of the process.
Understanding your legal options early can make a world of difference. Here’s what you need to know about facing a DUI charge in WV — and how an attorney can help protect your rights.
The DUI Arrest Process in West Virginia: What Happens First
When you’re pulled over and suspected of DUI in West Virginia, things escalate quickly. Officers may ask you to perform a field sobriety test or submit to a breathalyzer. If they believe you’re impaired, they’ll arrest you and take you into custody.
After the arrest, here’s what typically happens:
- Booking and processing: You’ll be fingerprinted, photographed, and asked basic information.
- Chemical testing: You may be required to take a breath, blood, or urine test. Refusing can trigger an automatic license suspension under West Virginia’s implied consent laws.
- Release from custody: Depending on the circumstances, you may be released on bond or held until a court appearance.
The clock starts ticking immediately. Even before your first court date, you may be facing administrative license suspension — separate from any criminal penalties.
This is why it’s essential to contact a DUI lawyer in Huntington WV as soon as possible. The sooner you act, the more options your attorney has to fight for your license, freedom, and future.
📞 Call 304-521-4341 now for a confidential DUI consultation.
Penalties for DUI in West Virginia
DUI penalties vary based on several factors — including whether it’s your first offense, your blood alcohol content (BAC), and whether anyone was injured.
Here’s a general overview of possible consequences:
First-Time DUI (BAC 0.08 - 0.149):
- Up to 6 months in jail
- $100–$500 fine
- License suspension: 6 months (or 15 days with Interlock)
- Mandatory DUI education course
Aggravated DUI (BAC 0.15+):
- Up to 6 months in jail
- Higher fines
- Longer license suspension or Interlock period
Second DUI (within 10 years):
- 6–12 months in jail
- $1,000–$3,000 fine
- License suspension: 1 year (plus Interlock)
- Ignition interlock required for 2 years
DUI Causing Injury or Death:
- Felony charges
- Prison time
- Substantial fines
- Long-term license revocation
Even a first-time DUI can result in jail time, loss of driving privileges, and a permanent criminal record. A conviction can affect employment, insurance rates, and your professional reputation.
What a West Virginia DUI Attorney Can Do for You
You don’t have to face these consequences without support. An experienced criminal defense attorney in Huntington WV can challenge the state’s case against you, advocate for your license, and often reduce or dismiss charges.
Here’s how we help:
Review the Arrest for Errors
If police didn’t have probable cause, failed to follow procedure, or misused testing equipment, we may be able to suppress key evidence.
Challenge the Breath or Blood Test
Testing devices can produce inaccurate results — especially if calibration, administration, or medical conditions are involved. We dig into the details.
Negotiate with Prosecutors
In some cases, we can pursue reduced charges, probation, or diversion programs to keep a conviction off your record.
Fight for Your License
We represent you at DMV administrative hearings, seeking to protect your ability to drive while your case is pending.
Defend You at Trial
If your case goes to court, we build a strong defense and aggressively protect your rights every step of the way.
The goal isn’t just to get you through this — it’s to protect your future.
Common Questions After a DUI Arrest
Will I lose my license immediately?
You may face an administrative license suspension within days of arrest. A lawyer can help request a hearing to challenge the suspension.
What happens if I refused the breath test?
You could face an automatic one-year license suspension under the state’s implied consent law — even if you're not convicted.
Can I drive with an Interlock device?
Yes. West Virginia allows many first-time offenders to install an ignition interlock device and continue driving after a short suspension.
Can a DUI be expunged from my record?
In most cases, DUI convictions in WV cannot be expunged. This is why aggressive defense from the start is critical.
Do I really need a lawyer for a first DUI?
Absolutely. Even a “simple” DUI can have serious long-term consequences. A lawyer can protect your record and reduce the penalties you face.
Protect Your Record, Your License, and Your Freedom
At McClure & Goad, we understand what’s at stake. We’ve helped clients across Huntington and Cabell County fight DUI charges with confidence — and move forward with peace of mind. Whether you made a mistake or were wrongfully accused, you deserve a defense.
Our approach is:
- Local: We know West Virginia DUI laws, courts, and judges.
- Experienced: We’ve handled hundreds of DUI and criminal defense cases.
- Direct: You work with a lawyer — not a paralegal or assistant.
- Strategic: Every case is different. We tailor your defense to your needs.
You have rights. Don’t let a single moment define your future.
📞 Call McClure & Goad now at 304-521-4341 to speak directly with a DUI lawyer in Huntington WV.