In the state of Martinsburg WV, there are two probable drunk-driving infractions that are assigned to drivers. They are DWI and DUI. These infractions do not carry the exact same penalties as they do in other states. If you are charged with either violation, you should, Find Criminal Defense Law Firm immediately to represent you.
What is a DUI in Martinsburg WV?
Driving under the influence could consist of drinking alcoholic beverages, taking or using a controlled substance, or a combination of both. It is identified after a driver’s blood-alcohol content registers at 0.08 percent of higher. This is the most common and severe drunk-driving infraction within the state. A first DUI offense leads to up to twelve points placed on the driver’s license and immediate revocation. The fine for a first-time offender is $1,000.
What is DWI?
For DWI or driving while intoxicated, the driver will possess a blood-alcohol content of 0.07 percent. The officer who evaluates him or her will conduct field sobriety testing in which if the driver fails is arrested immediately. After the failure, law enforcement has probable cause to arrest them and charge them based on these findings; however, a breathalyzer test is still required. Anyone who is found guilty of DWI is subject to fines of up to $500, eight points applied to their license, and license suspension.
Administrative Per Se
In Martinsburg WV, administrative per se is applicable when the driver fails roadside sobriety testing and has a blood-alcohol content of 0.08 percent. Under this law, the officer is within his or her rights to seize the driver’s license during a routine traffic stop if these conditions are met. The upside to immediate seizure is that any driver who is convicted of DUI or DWI will receive a reduction of the term applied to their suspension based on the amount of time in which the license was in possession of the officers.
If law enforcement suspects that you were drunk while operating a motor vehicle, you will be arrested. In order for these charges to remain the county must prove that you were intoxicated or under the influence of a controlled substance. To acquire an adequate defense case, you should Find Criminal Defense Law Firm.