Morgantown DUI Lawyers: West Virginia Driving Under the Influence Defense

By J. Brandon Shumaker & J. Tyler Slavey  ·  Slavey & Shumaker PLLC  ·  Morgantown, WV Criminal Defense Attorneys  ·  Last updated September 29, 2026

Quick Answer: If you were arrested for DUI in Morgantown, your license is not suspended at the time of arrest. In West Virginia, the DMV revokes or suspends a license only after the court acts: a conviction that is not appealed, entry into the DUI Deferral Program, or a court order finding that you refused the secondary chemical test (W. Va. Code § 17C-5A-1a). A standard first offense under § 17C-5-2(e) carries up to six months in jail, a fine of $100 to $500, and a six-month license revocation. Two deadlines start right away: 30 days from arrest to notify the court about the Deferral Program, and 30 days from your first court appearance to request a refusal review hearing if you are accused of refusing the test. Call Slavey & Shumaker PLLC at (304) 212-5791 for a free consultation.

Table of Contents

  1. What to Do After a DUI Arrest
  2. Understanding DUI Law in West Virginia
  3. DUI Penalties in West Virginia
  4. How a DUI Affects Your License
  5. DUI Refusal Laws
  6. The DUI Deferral Program
  7. DUI Evidence and How Cases Are Built
  8. DUI Defense Strategies
  9. DUI Cases Involving Accidents or Injuries
  10. How a DUI Case Moves Through Court
  11. Why Hiring a Morgantown DUI Lawyer Matters
  12. Courts and Communities We Serve
  13. Frequently Asked Questions

If you have been charged with driving under the influence (DUI) in Morgantown, West Virginia, you are facing a serious legal situation that can affect your license, your freedom, your finances, and your future. A DUI arrest is not the same as a conviction, but what you do next can determine the outcome of your case.

At Slavey & Shumaker PLLC, we represent people charged with DUI throughout Morgantown, Monongalia County, and North Central West Virginia. Our approach focuses on protecting your rights, challenging the evidence, and pursuing the best possible result under West Virginia law.

Want the full statutory detail? This page is an overview. Our West Virginia DUI Defense Guide walks through every penalty level, the Deferral Program, refusal hearings, ignition interlock, underage and CDL rules, and felony DUI, with citations to the West Virginia Code.

1. What to Do Immediately After a DUI Arrest in Morgantown

The hours and days following a DUI arrest are critical. Taking the right steps early can significantly affect your case.

  1. Exercise your right to remain silent.
  2. Do not answer questions without an attorney present.
  3. Write down everything you remember about the stop, the field tests, and the arrest.
  4. Mark your deadlines. You have 30 days from your arrest to notify the court if you want to use the DUI Deferral Program, and 30 days from your first court appearance to request a refusal review hearing if you are accused of refusing the test.
  5. Contact a Morgantown DUI lawyer as soon as possible.

Many people make the mistake of waiting too long to seek legal help. In DUI cases, early intervention often leads to stronger defenses and better outcomes.

2. Understanding DUI Law in West Virginia

West Virginia law prohibits driving in an “impaired state” (§ 17C-5-2(a)(1)). You can be charged with DUI if:

  • Your blood alcohol concentration (BAC) is 0.08% or higher, or
  • You are under the influence of alcohol, a controlled substance, another drug or inhalant, or a combination of them, regardless of your BAC

Drivers under 21 face a separate charge for driving with a BAC of 0.02% or more but less than 0.08% (§ 17C-5-2(j)).

Types of DUI Charges in West Virginia

  • Standard alcohol DUI
  • Aggravated DUI with a BAC of 0.15% or higher
  • Drug DUI, including prescription medication (a valid prescription is not a defense under § 17C-5-2(p))
  • DUI with a minor under 16 in the vehicle
  • DUI causing bodily injury, serious bodily injury, or death
  • Second-offense and third-offense (felony) DUI
  • Underage DUI

Each type of charge carries different legal consequences and defense strategies.

3. DUI Penalties in West Virginia

Penalties depend on prior offenses, BAC level, and whether aggravating factors are present. All penalties below come from W. Va. Code § 17C-5-2. For second and later offenses, West Virginia counts prior DUI convictions, and any prior Deferral Program probation, for offenses that occurred within the 10 years before the current arrest (§ 17C-5-2(n)).

1st Offense: Standard
BAC under 0.15%  ·  § 17C-5-2(e)

  • Jail: Up to 6 months (no mandatory minimum)
  • Fine: $100 to $500
  • License revocation: 6 months
  • May qualify for the Deferral Program

1st Offense: Aggravated
BAC 0.15%+  ·  § 17C-5-2(f)

  • Jail: 2 days to 6 months, including at least 24 hours of actual confinement
  • Fine: $200 to $1,000
  • License revocation: 1 year
  • No Deferral Program eligibility

2nd Offense: Misdemeanor
§ 17C-5-2(l)

  • Jail: 6 months to 1 year
  • Fine: $1,000 to $3,000 (court’s discretion)
  • License revocation: 10 years

3rd+ Offense: Felony
§ 17C-5-2(m)

  • Prison: 2 to 5 years (state correctional facility)
  • Fine: $3,000 to $5,000 (court’s discretion)
  • License revocation: Lifetime

For most offenses, the statute allows a period conditioned on participation in the Test and Lock Program (ignition interlock) as an alternative to the standard revocation period, and the driver must consent to that alternative (§ 17C-5-2(s)). A driver whose license is revoked must complete the DMV’s comprehensive safety and treatment program before the license can be reinstated (§ 17C-5-2(r)). After completing that program and paying costs, a driver may have the license reissued after at least 90 days of a six-month revocation, or after at least half of a revocation of one year or longer (§ 17C-5A-3(g)). A court may also order home detention as an alternative to any jail term required by § 17C-5-2 (§ 17C-5-2(q)).

Aggravating Factors That Increase Penalties

  • A minor under 16 in the vehicle (§ 17C-5-2(k)): 2 days to 12 months in jail, including at least 48 hours of actual confinement; $200 to $1,000 fine; 1-year revocation
  • A BAC of 0.15% or higher (§ 17C-5-2(f)): mandatory jail time and a 1-year revocation, as shown above
  • Causing injury or death: see Section 9

See the penalty section of our DUI Defense Guide for every offense level.

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4. How a DUI Affects Your Driver’s License in West Virginia

In West Virginia, your license is not suspended when you are arrested for DUI. The DMV revokes or suspends a license only after the court handling your criminal case acts, which makes defending the charge itself the key to protecting your license.

Under W. Va. Code § 17C-5A-1a, the DMV revokes or suspends a license when:

  • You are convicted of DUI under § 17C-5-2 (or a matching municipal ordinance) and do not appeal
  • A court places you in the DUI Deferral Program (conditional probation under § 17C-5-2b)
  • A court enters an order finding that you refused the secondary chemical test
  • A conviction is affirmed on appeal
There is no separate DMV hearing. The former administrative hearing statute, W. Va. Code § 17C-5A-2, has been repealed. Since the Senate Bill 130 amendments took effect July 1, 2020, license consequences for DUI flow from the criminal court.

Deadlines That Protect Your License

  • Refusal review hearing: If the officer reports that you refused the secondary chemical test, you must request a refusal review hearing within 30 days after your first court appearance. Otherwise, the court will enter an order finding that you refused (§ 17C-5-7a).
  • Appeal windows: The court clerk sends a conviction to the DMV only after the appeal window passes without an appeal: 20 days after sentencing in magistrate court, 10 days after sentencing in municipal court, and 30 days after judgment in circuit court (§ 17C-5A-1a(b)).
  • Deferral Program: Entry into the Deferral Program results in a DMV suspension for the period the law requires as a condition of probation (§ 17C-5A-1a(c)).

5. DUI Refusal Laws in West Virginia

West Virginia’s implied consent law means drivers arrested for DUI are expected to submit to a secondary chemical test, usually the Intoximeter breath test at the station. Refusing does not automatically cost you your license. The court handling your DUI charge decides whether a refusal occurred.

How a Refusal Case Works  §§ 17C-5-7 and 17C-5-7a

  • A refusal becomes final 15 minutes after you refuse. During those 15 minutes, the officer must allow you to change your mind and take the test (§ 17C-5-7(b)).
  • Within 48 hours, the officer must send a sworn statement about the refusal to the DMV and to the court (§ 17C-5-7(c)).
  • Refusing only a blood test does not result in revocation (§ 17C-5-4(d)), and without your written consent a blood test requires a warrant (§ 17C-5-4(c)).
  • At your first court appearance, the judge or magistrate must tell you that your license will be revoked unless you request a refusal review hearing within 30 days (§ 17C-5-7a(b)).
  • At the hearing, the county prosecutor or municipal attorney appears, and the DMV is not a party (§ 17C-5-7a(c)(2) and (h)).
  • The court decides by a preponderance of the evidence whether (1) the officer had reasonable grounds to believe you drove under the influence, (2) the officer asked you to take the test, (3) you received the required written and verbal warnings, and (4) you refused.
  • If the court finds that any one of those four did not occur, the DMV may not revoke your license based on the refusal (§ 17C-5-7a(c)(4)).

Revocation Periods for Refusal  § 17C-5-7a(e)

Prior Refusal Revocations License Revocation
No prior revocation under § 17C-5-7a 1 year, or 45 days plus 1 year in the Test and Lock Program
One prior revocation under § 17C-5-7a 10 years (reissue possible after 5 years)
More than one prior revocation under § 17C-5-7a Life
A refusal order also closes the door to the Deferral Program. A court order finding that you refused makes you ineligible for the DUI Deferral Program (§ 17C-5-2b(f)(4)). Missing the 30-day refusal hearing deadline can cost you both your license and your path to dismissal.

A first-offense refusal revocation cannot be shortened by completing the safety and treatment program (§ 17C-5A-3(g)(2)).

Refusal cases often present defense opportunities, especially when the warnings were incomplete or the 15-minute window was not honored.

6. The DUI Deferral Program for First Offenders

Under W. Va. Code § 17C-5-2b, a qualifying first-time offender charged with a standard first-offense DUI under § 17C-5-2(e) can have the charge dismissed. After pleading to, or being found guilty of, the offense, the defendant is placed on probation without a judgment of guilt, serves a 15-day license suspension, and completes at least 165 days in the Test and Lock Program. On successful completion, the charge is dismissed, and the defendant may later apply to expunge the court records.

Critical Deadline: You must notify the court of your intention to participate within 30 days of your arrest (§ 17C-5-2b(a)(1)(C)).

The program is not available to CDL holders, to anyone with a prior DUI conviction or related license revocation, when another Article 5 offense is charged in the same case, or when a court has entered an order finding a test refusal. A person may receive only one dismissal under this program. For the full eligibility rules, see the Deferral Program section of our DUI Defense Guide.

7. DUI Evidence and How Cases Are Built

DUI cases are built on several types of evidence gathered by law enforcement:

  • Officer observations of your driving and behavior
  • Field sobriety tests
  • Breath test results
  • Blood or other chemical test results
  • Dashcam or body camera footage
  • Witness statements

Each piece of evidence must be collected and handled properly. Mistakes or violations can weaken the case against you.

8. DUI Defense Strategies in Morgantown Cases

A DUI charge does not mean a conviction. There are many ways to challenge a DUI case under West Virginia law. The right strategy depends on the specific facts.

1 Illegal Traffic Stop

Police must have reasonable suspicion to stop your vehicle. If the stop was unlawful, evidence obtained as a result may be suppressed.

2 Faulty Field Sobriety Tests

Field sobriety tests are not always reliable and can be affected by:

  • Medical conditions
  • Weather conditions
  • Uneven road surfaces
  • Officer error in giving or scoring the tests
3 Breath Test Inaccuracy

Breath tests can produce inaccurate results because of improper calibration, equipment malfunction, or operator error. Calibration and maintenance records for the Intoximeter are among the first things we review.

4 Improper Chemical Testing Procedures

Blood and breath tests must follow methods approved by the West Virginia State Police Forensic Laboratory (§ 17C-5-8(e)). To be admissible, a sample must be taken within two hours of arrest for alcohol, or four hours for drugs (§ 17C-5-8(g)). Problems with timing, collection, chain of custody, or laboratory procedures can undermine the results.

5 Constitutional Violations

If your rights were violated during the stop, arrest, or testing process, evidence may be excluded.

6 Medical or Alternative Explanations

Certain medical conditions can mimic signs of impairment. Whether one applies to your case requires a careful look at the facts and, where appropriate, expert analysis.

9. DUI Cases Involving Accidents or Injuries

DUI charges become significantly more serious when a crash causes injury or death. These cases may include:

  • DUI causing bodily injury (§ 17C-5-2(d)): a misdemeanor carrying 1 day to 1 year in jail, including at least 24 hours of actual confinement, and a 2-year revocation
  • DUI causing serious bodily injury (§ 17C-5-2(c)): a felony carrying 2 to 10 years in prison and a 5-year revocation
  • DUI causing death (§ 17C-5-2(b)(2)): a felony carrying 3 to 15 years in prison and a 10-year revocation
  • DUI causing death with deliberate disregard for the safety of others (§ 17C-5-2(b)(1), effective June 12, 2026): a felony carrying a mandatory 5 to 30 years in prison and lifetime revocation
  • Vehicular homicide charges under § 17C-5-1

These cases require immediate legal representation, independent accident reconstruction, and careful examination of causation. See the felony DUI section of our DUI Defense Guide for more detail.

10. How a DUI Case Moves Through Court in West Virginia

  1. Arrest and booking. The officer reports the arrest to the DMV within 48 hours of the end of the investigation (§ 17C-5A-1(a)).
  2. First court appearance. If a refusal is alleged, the court advises you of the 30-day deadline to request a refusal review hearing.
  3. Evidence review and investigation.
  4. Motions and hearings, including any refusal review hearing and motions to suppress evidence.
  5. Negotiation, Deferral Program, or trial.

Every case is different, and outcomes depend heavily on the strength of the evidence and the defense strategy.

11. Why Hiring a Morgantown DUI Lawyer Matters

DUI law is complex, and the consequences of a conviction can be long-lasting. Without legal representation, you may:

  • Lose your license unnecessarily
  • Miss the 30-day Deferral Program or refusal hearing deadline
  • Accept a plea deal that is not in your best interest
  • Miss opportunities to challenge the evidence

An experienced DUI attorney can:

  • Analyze your case and identify weaknesses in the prosecution’s evidence
  • Challenge improper procedures
  • Represent you in court, including at refusal review hearings
  • Work to reduce or dismiss the charges

Long-Term Consequences of a DUI Conviction

  • A permanent criminal record (DUI convictions are excluded from West Virginia’s conviction-expungement statute, § 61-11-26(c)(7))
  • Increased insurance premiums
  • Difficulty finding employment
  • Professional licensing issues

Avoiding or minimizing these consequences is a primary goal in every DUI defense case.

12. Courts and Communities We Serve

Our office at 174 Chancery Row sits adjacent to the Monongalia County Courthouse and one block from the Monongalia County Justice Center. We handle DUI cases in the Monongalia County Magistrate Court and Circuit Court at the Justice Center, and in the Morgantown Municipal Court.

Slavey & Shumaker PLLC represents DUI clients throughout:

  • Morgantown
  • Monongalia County
  • Westover
  • Star City
  • Cheat Lake
  • Fairmont
  • Surrounding North Central West Virginia communities

We also handle DUI cases arising from traffic stops along Interstate 79, Interstate 68, and major Morgantown roadways.

13. Frequently Asked Questions About DUI in Morgantown, WV

Do I lose my license immediately after a DUI arrest?
No. West Virginia does not suspend your license when you are arrested for DUI. The officer reports the arrest to the DMV and the court, but the DMV revokes a license only after the court acts: a conviction that is not appealed, entry into the Deferral Program, or a court order finding that you refused the secondary chemical test (W. Va. Code § 17C-5A-1a). If you are accused of refusing, you must request a refusal review hearing within 30 days after your first court appearance.
Should I refuse a breathalyzer test in West Virginia?
Refusing the secondary chemical test (the Intoximeter at the station) can lead to license revocation. For a first refusal, that is one year, or 45 days plus one year in the Test and Lock Program (W. Va. Code § 17C-5-7a). The revocation happens only if the court enters an order finding that you refused, and you have 30 days after your first appearance to request a refusal review hearing to contest it. A refusal order also makes you ineligible for the Deferral Program. Talk to a lawyer before your first court date.
How long does a DUI stay on your record in West Virginia?
A DUI conviction stays on your West Virginia criminal record permanently. The state’s conviction-expungement statute excludes DUI offenses (W. Va. Code § 61-11-26(c)(7)). For a qualifying first offense, the main way to avoid a permanent record is the DUI Deferral Program under § 17C-5-2b, which ends in dismissal and allows a later petition to expunge the arrest and court records. You must notify the court within 30 days of your arrest to use it. For sentencing on a later DUI, West Virginia counts prior offenses from the 10 years before the new arrest (§ 17C-5-2(n)).
Can a DUI charge be dismissed in West Virginia?
Yes. A DUI charge can be dismissed or reduced when the defense identifies problems with the case, such as an unlawful traffic stop, improperly administered field sobriety tests, Intoximeter calibration or operation errors, chain of custody failures in blood testing, or constitutional violations during the arrest. Qualifying first-time defendants may also have the charge dismissed by completing the DUI Deferral Program under § 17C-5-2b.
What is the West Virginia DUI Deferral Program?
The Deferral Program under § 17C-5-2b lets a qualifying first-time defendant charged under § 17C-5-2(e) have the charge dismissed after a 15-day license suspension and at least 165 days in the Test and Lock Program. You must notify the court within 30 days of your arrest. It is not available to CDL holders, to people with a prior DUI conviction or related revocation, or when a court has entered an order finding a test refusal.
How much does a DUI lawyer cost in Morgantown?
Costs vary depending on the complexity of the case and any additional criminal charges. The DUI attorneys at Slavey & Shumaker PLLC offer free consultations to discuss your situation, your options, and fees before you commit to anything.
Our Attorneys
J. Brandon Shumaker
Managing Attorney, Criminal Defense & Personal Injury
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J. Tyler Slavey
Managing Attorney, Personal Injury
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Scott B. Harris
Associate Attorney
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Kasey Libby
Associate Attorney
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This page is provided for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship. West Virginia laws are subject to change; readers should verify current statutory provisions. Every case is different. Contact Slavey & Shumaker PLLC for a free consultation about your specific circumstances. Attorney advertising. Prior results do not guarantee a similar outcome.