First-Offense DUI Defense in Morgantown, West Virginia

Legal Practice & Academic Insight for Both Sides of Your DUI Case

A DUI allegation can trigger both a criminal case and a separate administrative action against your driving privileges. At Rollo Law Offices, we handle DUI cases by examining both proceedings and the evidence behind the charge. Attorney Ed Rollo has practiced law since 1993 and serves as an adjunct professor at the West Virginia University College of Law.

We offer a free initial consultation to discuss the arrest and determine the next steps. We’re available 24/7 for a phone call or an in-person meeting, with virtual consultations available by phone or video conference.

Call (304) 449-3504 to discuss first-offense DUI defense in Morgantown, West Virginia and arrange a free initial consultation.

Possible Penalties for a First Offense in West Virginia

A first DUI in West Virginia is generally charged as a misdemeanor, but the possible penalties depend in part on blood alcohol concentration (BAC), the measured percentage of alcohol in a person’s bloodstream. The law distinguishes between a non-aggravated offense with a BAC below 0.15% and an aggravated first offense with a BAC of 0.15% or higher.

The generally applicable statutory penalties include:

• Non-aggravated charge: A person may face up to six months in jail, a fine of $100 to $500, and a six-month revocation of driving privileges. This category doesn’t carry a mandatory minimum jail sentence.
• Aggravated charge: A person may face a mandatory minimum of 24 hours of actual confinement, up to six months in jail, a fine of $200 to $1,000, and a one-year license revocation.

The specific consequences depend on the charge, reported BAC, testing evidence, and other facts surrounding the arrest. We assess those details before discussing approaches to the criminal case.

License Consequences & Interlock Options

A criminal DUI proceeding and an administrative DMV action are separate matters. A decision in one process doesn’t automatically resolve the other, so we coordinate the timing of the criminal case with the action affecting the client’s license.

The Motor Vehicle Alcohol and Drug Test and Lock Program may allow an eligible first offender to reduce the initial period without driving by completing a longer period with an ignition interlock device. The device requires a breath sample before a vehicle can start.

Program requirements generally depend on the allegation:

• Non-aggravated allegation: Participation may reduce the initial revocation period to a minimum of 15 days, followed by at least 125 days with an interlock requirement.
• Aggravated allegation: Participation generally requires a minimum 45-day revocation period, followed by 270 days with an interlock requirement.
• First chemical-test refusal: Refusing a secondary chemical test may result in a one-year revocation. An alternative may involve 45 days of revocation followed by an additional required year in the program.

Eligibility and duration can depend on the BAC category, refusal allegation, and other case-specific circumstances. We don’t assume that a particular license option applies until we’ve reviewed the relevant records.

DUI Deferral & Expungement Eligibility

West Virginia’s DUI deferral program allows certain true first offenders to ask the court to defer judgment while they complete specified conditions. Eligibility generally requires a reported BAC below 0.15%, no prior DUI offense, and no commercial driver’s license. Acceptance into the program isn’t automatic.

The court places an accepted defendant on probation and requires completion of the Motor Vehicle Alcohol and Drug Test and Lock Program. Successful completion can result in dismissal and expungement, which is the legal removal of the charge from qualifying public records. We evaluate the charge and the client’s history before discussing whether deferral may be available.

The DUI Case Process in Morgantown, West Virginia

We begin with a comprehensive review of the arrest details, breathalyzer results, and officer testimony. We examine the stated reason for the traffic stop, whether the stop was lawful, and whether field sobriety or chemical tests were properly administered.

Criminal & Administrative Proceedings

An arraignment is the initial court appearance at which the criminal charge is formally addressed. Cases arising in or around Morgantown may be heard at the Monongalia County Justice Center. Some clients may have been held at the North Central Regional Jail or another local facility before release and their first court appearance.

We also track the criminal proceedings alongside the separate DMV administrative action. This coordination keeps the potential driving consequences in view as we assess the traffic stop, testing procedures, and other evidence.

The sequence of hearings and available resolutions depends on the precise charge and facts of the arrest. After completing our review, we may negotiate based on the evidence or proceed to trial when appropriate.

University & Professional Concerns

A first-offense allegation can create concerns beyond court and driving privileges for West Virginia University students and employees. We discuss potential effects on student status and professional licenses with clients who have university connections. The relevant considerations depend on the person’s academic, employment, or licensing circumstances.

Discuss Your DUI Charge with Our Firm

A free initial consultation gives you an opportunity to explain what happened and identify the criminal and licensing issues that may require attention. You can reach us through the contact form to request a phone, video, or in-person consultation.

We provide personalized attention while examining the charge, the evidence, and the related administrative action.

Call (304) 449-3504 now to request your free consultation with Rollo Law Offices.