Strong defense against DUI charges. Cline & Singh, PLLC represents clients in Weirton, Wheeling, and throughout the Northern Panhandle. A DUI conviction carries serious consequences — license suspension, fines, increased insurance rates, and a criminal record. Our attorneys fight to protect your driving privileges and your future.
Being charged with driving under the influence does not mean you will be convicted. DUI cases involve complex scientific evidence, constitutional questions about the traffic stop, and strict procedural requirements that must be followed by law enforcement. Our DUI defense lawyers examine every aspect of your case to identify weaknesses in the prosecution's evidence and pursue the best possible outcome.
The traffic stop. Law enforcement must have reasonable suspicion to pull you over. If the stop was unlawful, evidence gathered as a result may be suppressed.
Field sobriety tests. These tests are subjective and affected by many factors beyond intoxication, including nervousness, medical conditions, and road conditions. We challenge their reliability and the officer's administration of the tests.
Breathalyzer results. Breath testing devices must be properly calibrated and maintained, and the test must be administered correctly. We scrutinize the maintenance records and testing procedures for any irregularities.
Blood tests. Blood test results can be challenged based on chain of custody, lab procedures, and the handling of the sample.
A first DUI conviction in West Virginia can result in license revocation, fines, mandatory alcohol education programs, and in some cases jail time. Subsequent convictions carry significantly harsher penalties. A DUI also typically causes a substantial increase in auto insurance premiums and creates a permanent criminal record. For commercial drivers, a DUI can mean the end of a career. We fight to minimize these consequences and protect what matters most to you.
A DUI charged by Weirton police under the city’s ordinance is heard in Weirton Municipal Court. A DUI charged as a state offense is filed in the magistrate court of the county where the stop happened: Hancock County Magistrate Court in New Cumberland, or Brooke County Magistrate Court in Wellsburg, because Weirton is split between the two counties.
Felony DUI charges, including a third offense or a DUI involving serious injury or death, move to the circuit court of the same county.
West Virginia treats a blood alcohol concentration of 0.08 percent or more as driving in an impaired state. A first offense is a misdemeanor punishable by up to six months in jail, a fine of $100 to $500, and a six-month license revocation.
Penalties rise quickly from there. A BAC of 0.15 percent or more carries two days to six months in jail, including at least twenty-four hours of actual confinement, a fine of $200 to $1,000, and a one-year revocation. Having a child under sixteen in the vehicle carries at least forty-eight hours of confinement. A second offense carries six months to a year in jail, and a third offense is a felony punishable by two to five years in prison.
For drivers under twenty-one, a BAC of 0.02 percent or more is a separate offense with its own license suspension. For commercial drivers, the disqualifying threshold in a commercial vehicle is 0.04 percent, and a DUI in any vehicle can disqualify a CDL.
West Virginia no longer holds a separate DMV administrative hearing on a DUI license revocation. The license consequence now follows what the court enters: a conviction, or a court finding that the driver refused the designated chemical test, is sent to the DMV, which then issues the revocation order.
That means the criminal case and the license case are decided together, and how the case is resolved controls both. Before driving privileges are reinstated, the driver generally must complete the DMV’s Safety and Treatment Program, and some drivers can return to the road sooner through the alcohol test and lock (ignition interlock) program.
Under West Virginia’s implied consent law, driving on the state’s roads counts as advance agreement to take a designated secondary chemical test. Refusing that test is its own matter and can lead to a revocation regardless of how the DUI charge is resolved. A blood draw generally requires written consent or a warrant unless circumstances are urgent.
Many DUI defenses turn on these details: whether the stop was lawful, how field sobriety tests were administered, whether the breath instrument was properly maintained and operated, and whether the testing procedure was followed. Those questions are worth examining before any plea is considered.
Weirton borders Pennsylvania and sits across the river from Steubenville, so out-of-state drivers are a large share of DUI cases here. A West Virginia DUI conviction is reported to the driver’s home state, which generally applies its own license consequences on top of West Virginia’s. More for out-of-state drivers.
We represent clients throughout the Northern Panhandle of West Virginia and surrounding areas.
Wheeling Criminal Lawyer · Weirton Criminal Lawyer · Moundsville Criminal Lawyer · Wellsburg Criminal Lawyer · New Cumberland Criminal Lawyer · Wheeling DUI Lawyer · Weirton DUI Lawyer
If you would like a plain-language overview before talking with anyone, these guides explain how this area of West Virginia law generally works.
Out-of-State Drivers With a West Virginia TicketHow a West Virginia ticket or DUI reaches an Ohio or Pennsylvania license, and what happens if a ticket is ignored.
After a DUI ArrestA plain-language overview of what generally follows a DUI arrest in West Virginia: implied consent testing, the criminal case, and what happens to a license.
Contact our DUI defense attorneys today. Do not plead guilty before understanding all of your options. Consultations are free.