## DUI license suspension hearings in West Virginia When arrested for DUI in West Virginia, your license is typically suspended ADMINISTRATIVELY by the state DMV/DOL — separate from any criminal case. You have a TIGHT deadline to request an administrative hearing or lose your license without contest. ## Two parallel processes **Two separate suspension paths:** **1. Administrative (DMV/DOL):** - Civil action by state - Suspends license - Lower burden of proof - Limited issues - Hearing officer (not judge) - Specific procedures + deadlines **2. Criminal (court):** - DUI prosecution - Conviction = additional license suspension - Higher burden (beyond reasonable doubt) - Court / jury - Different procedures + deadlines **Both can suspend license** — administrative is independent. ## Administrative suspension basics **Triggered by:** - DUI arrest - BAC at/above 0.08 (or 0.04 for CDL, 0.02 for under 21) - OR refusal to take chemical test - Officer's report to DMV - Specific procedures vary by state **Effect:** - Officer takes physical license - Issues temporary driving permit - License suspended after specific period - Notice of suspension sent - Hearing right offered ## Critical deadline — request hearing **Time limits vary by state:** - **7 days** in some states (CA) - **10 days** in many - **15 days** in some - **30 days** in others - ${s.name} has specific deadline **MISS THE DEADLINE = SUSPENSION AUTOMATIC.** ## What hearing addresses **Limited issues:** **1. Did officer have basis for stop?** - Reasonable suspicion - Specific articulable facts **2. Did officer have probable cause to arrest?** - DUI investigation - Field sobriety tests - Officer observations **3. Was implied consent properly applied?** - Implied consent advisement read - Specific language used - Subject understood - Refusal recognized **4. Was chemical test result accurate?** - BAC level - Calibration of machine - Specific procedures - Officer certification **5. Was test taken within statutory time?** - Time from driving - Time from arrest - Specific window **Limited focus** — not full DUI defense. ## Burden of proof **State must show:** - Preponderance of evidence (lower standard) - Some states use higher standard - Officer's report often presumed correct - Defendant has burden to challenge **Different from criminal trial** (beyond reasonable doubt). ## Hearing process **1. Request hearing:** - File request with DMV/DOL - Specific form usually - Within deadline - Pay fee in some states **2. Receive hearing date:** - Usually 30-90 days out - Some states schedule quickly - Continuance available sometimes **3. Discovery:** - Police report - BAC results - Officer's notes - Calibration records - Limited compared to criminal discovery **4. Hearing:** - Hearing officer (not judge) - Officer testimony (sometimes telephonic / video) - Defendant testimony - Witnesses if relevant - Documents introduced **5. Decision:** - Often same day - Or within specific time - Written decision - Right to appeal ## License suspension periods **Typical:** **First DUI:** - 30 days to 1 year administrative - Often shorter than criminal suspension - Hardship license sometimes available **Refusal:** - Often 1-3 years - Longer than DUI conviction - Some states no hardship license **Repeat offenders:** - Significantly longer - Sometimes lifetime - Limited hardship options **${s.name} specific** suspension periods. ## Hardship / restricted licenses **Often available:** **Allows:** - Driving to work - Driving to medical appointments - Driving children - Specific essential travel **Requirements:** - Application + fee - Insurance - Sometimes ignition interlock - Specific time period restrictions - Specific eligibility **Not available for:** - Refusal in some states - Repeat offenders sometimes - Specific aggravating factors - Drug DUIs in some states ## Ignition interlock **Required in many states:** - After certain DUIs - After refusals - Even after first offense in some states - Costs $70-$150/month - Plus installation - Calibration / maintenance - Reporting **${s.name} requirements** vary by offense + circumstances. ## Why administrative hearing matters **Reasons to request:** 1. **Save your license** — may avoid suspension entirely 2. **Discover evidence** — preview state's case 3. **Officer testimony** — preview at hearing 4. **Inconsistencies** — set up criminal defense 5. **Buy time** — temporary license during pendency 6. **Negotiate** — sometimes state offers settlement 7. **Hardship license** — may be granted ## Strategic considerations **Even if losing seems likely:** - Hearing reveals state's case - Helps prepare criminal defense - Officer's testimony locked in - Documents disclosed - Limited downside **Cost-benefit:** - Hearing costs $50-$1,000+ legal fees - Loss of license = significant impact - Most cases worth the effort ## Common winning issues **Successful challenges:** **1. Lack of stop basis:** - No reasonable suspicion - Officer's articulated facts insufficient - Pretextual stop issues **2. Defective implied consent:** - Wrong language used - Inadequate explanation - Subject impaired understanding - Translation issues **3. Procedural errors:** - Inadequate observation period - Improper machine maintenance - Calibration issues - Operator certification problems **4. Improper test administration:** - Out-of-time testing - Subject not properly advised - Coercion - Inadequate procedures **5. Inadequate probable cause:** - Officer's observations - Field sobriety test administration - Specific deficiencies ## Refusal cases **Special considerations:** - Often more severe consequences than DUI - Limited hardship license eligibility - Can be used as evidence in criminal case - Specific procedural requirements - Birchfield v. North Dakota implications **Defenses to refusal:** - Confused about choice - Inadequate advisement - Medical issues prevented compliance - Sample failure not refusal - Officer-induced confusion ## Out-of-state drivers **Driver License Compact:** - Most states share information - Suspension follows you - Home state may impose suspension - Cannot escape by driving in different state ## Appeal process **If lose hearing:** **1. Administrative appeal:** - DMV review - Specific time + procedures - Limited issues **2. Court appeal:** - Petition court of competent jurisdiction - Limited review - Specific grounds - Often unsuccessful ## CDL drivers **Special rules for commercial:** - Lower BAC limit (0.04) - Different suspension procedures - More severe consequences - See CDL DUI guide ## Underage drivers **Zero tolerance:** - 0.02% threshold (or any detectable) - Different suspension periods - Specific procedures - More severe in some states ## Practical tips **Immediately after DUI:** - Note exact date of arrest - Calculate hearing deadline - File request promptly - Hire DUI attorney - Don't delay **Documentation:** - Save all paperwork from arrest - Note interactions with officer - Preserve any evidence - Photos / location - Witness contact info ## Cost of representation **Administrative hearing:** - $500-$3,000 typical attorney fees - Worth it for license - Often part of full DUI representation - Some attorneys charge separately ## What you should do If arrested for DUI in West Virginia: REQUEST ADMINISTRATIVE HEARING IMMEDIATELY (within 7-30 days depending on state). Hire a DUI attorney experienced with administrative hearings. West Virginia DUI attorneys typically handle both administrative + criminal. Don't miss the deadline — it's separate from criminal case + automatic suspension is hard to undo. --- *This guide is general information about West Virginia law as of mid-2026 and is not legal advice. License suspension hearings are time-sensitive. Talk to a licensed West Virginia DUI attorney about your specific situation.*