DUI and drunk driving charges in Wheeling and Ohio County, West Virginia.
Wheeling sees more DUI arrests than anywhere else in the Northern Panhandle. Between I-70, I-470, the downtown and Centre Market bar districts, and traffic coming across the river from Ohio, DUI stops here come from the Wheeling Police Department, the Ohio County Sheriff’s Office, and the West Virginia State Police.
We represent drivers charged with first-offense DUI, high-BAC DUI, refusal, DUI involving drugs, under-21 DUI, and felony DUI in Wheeling and across Ohio County, including commercial drivers whose CDL is at stake.
A DUI charged by Wheeling police under the city’s ordinance is heard in Wheeling Municipal Court, in Room 112 of the City-County Building at 1500 Chapline Street. A DUI charged as a state offense is filed in Ohio County Magistrate Court on Fifteenth Street. Felony DUI charges, including a third offense or a DUI involving serious injury or death, move to Ohio County Circuit Court in the City-County Building.
Stops in the small part of Wheeling that lies in Marshall County are handled in Marshall County’s courts in Moundsville.
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.
Many people arrested for DUI in Wheeling live in Ohio or Pennsylvania. 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.
A DUI charged by Wheeling police under the city’s ordinance is heard in Wheeling Municipal Court, in Room 112 of the City-County Building at 1500 Chapline Street. A DUI charged as a state offense is filed in Ohio County Magistrate Court on Fifteenth Street. Felony DUI charges, including a third offense or a DUI involving serious injury or death, move to Ohio County Circuit Court in the City-County Building.
Yes. A first-offense DUI is a misdemeanor, punishable by up to six months in jail and a fine of $100 to $500, with a six-month license revocation. A BAC of 0.15 percent or more carries mandatory confinement and a one-year revocation. A third offense is a felony.
No separate DMV hearing is held anymore. The license consequence is decided through the criminal case: the court sends a conviction or a refusal finding to the DMV, which then revokes the license. That makes the resolution of the criminal case especially important.
Refusing the designated secondary chemical test is treated as a separate matter under the implied consent law and can lead to a license revocation regardless of how the DUI charge itself is resolved. The length of the revocation depends on the driver’s history.
Generally the license is not revoked until the court enters a conviction or a refusal finding. After a revocation, reinstatement requires completing the Safety and Treatment Program, and some drivers can drive sooner through the alcohol test and lock program.
Both of our attorneys were raised in the Northern Panhandle and appear regularly in its courts. We offer phone and video consultations for clients who would rather not make the drive to Weirton.
This page provides general information about West Virginia law and local courts and is not legal advice. Court locations and procedures can change; check your citation or court paperwork for the controlling details, and consult a licensed attorney about your situation.
Talk with us before your first court date. Consultations are free. Call (304) 919-2912 or (304) 919-2119, or send us a message to get started.