Every person who is charged with a crime is entitled to a lawyer and criminal defense. However, drivers suspected of drunk driving cannot speak with a lawyer prior to deciding whether or not to take a breathalyzer or blood alcohol test. If they flunk either of these tests, they will be charged and taken into custody. They need to contact a lawyer for DUI help Martinsburg WV as soon as possible. The defendant will have to deal with both administrative penalties and criminal charges.
The arresting officer will notify the West Virginia Department of Motor Vehicles within two days about the arrest. The defendant will then receive notice that their license is suspended. The officer won’t tell them that they have the right to file an appeal to fight the suspension. This request must be made within 30 days. The lawyer providing DUI help Martinsburg WV will know how to prepare for the hearing to explain why the defendant shouldn’t lose their right to drive. The hearing is also an opportunity for the lawyer to question the arresting officer. He will be able to find out what type of evidence lead the officer to stop the car and administer the test.
The lawyer providing DUI help Martinsburg WV will also have to prepare for a criminal trial. Depending upon the defendant’s driving record, this could lead to a jail sentence. A first offense can result in a hefty fine and the loss of a driver’s license. Even if the lawyer convinces an administrative judge to allow the defendant to keep his license, he will pay thousands of dollars in insurance surcharges. The defendant will also have to attend and pay for a drunk driving class. A felony drunk driving conviction can make it impossible for a person to obtain some professional licenses or to be hired for many jobs.
Even if a person fails a breathalyzer test, there is still hope that they will be found not guilty. Breathalyzer tests are often inaccurate because they aren’t administered properly by police officers and the equipment is not serviced at the proper intervals. The lawyer providing DUI help Martinsburg WV will review the training the officer received and the maintenance records of the breathalyzer equipment. If these are not in perfect order the judge will not allow the results to be used in court.
