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Virginia/Carolina Personal Injury Lawyers:
Focus On West Virginia (WV) Personal Injury Caused By Drunk Drivers/DUI/DWI
[Please also see the associated article: Personal Injury Or Death Victims In Virginia (VA/WV) and Carolina (NC/SC) Car Or Truck Accidents Caused By Alcohol-Drunk Drivers, (Drinking & Driving/DUI/DWI) on this website]
In the state of West Virginia (WV) you are considered to be Driving Under the Influence (DUI) if your blood alcohol content (BAC) is .08% or above. You are judged guilty of "impaired driving" if your BAC is over .05 but less than .08%. It is important for you to realize that you can still be arrested if your blood alcohol content (BAC) is below .08% if the arresting officer decides you were driving recklessly.
A person who refuses to participate in field sobriety testing in WV should be aware that West Virginia is an "Implied Consent" state; this means that as a citizen of West Virginia you agreed to participate in any and all field sobriety tests administered by an arresting officer. As a West Virginia driver you can face having your license suspended for a period of time ranging from 90 days to a period of three years for simply refusing a breath or blood test.
DUI in West Virginia is prosecuted by two different methods: ‘common law’ and ‘per se.’ The common law method of prosecution is when the government tries to prove that the driver was physically or mentally unable to drive due to the consumption of alcohol or drugs. The method by which they seek to prove this is based on the driver’s driving pattern, field sobriety tests, the appearance of the driver, and how well the driver performs on chemical tests. In the state of West Virginia, a DUI need not be supported by a chemical test in order to cause conviction; the other methods can stand alone.
West Virginia enforces the Zero Tolerance Law. This means that if you are younger than 21 and drive while under the influence of any amount of alcohol, your license may be revoked.
For other details about “punitive/punishment” damages in drunk driving cases, see the earlier main article for examples supporting these punishment damages.
Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia, licensed in WV, VA, NC, SC, KY and practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. The firm's website is: hsinjurylaw.com, the firm edits two injury law blogs: Virginia Beach Injuryboard & Norfolk Injuryboard, and also hosts a video library covering many FAQ’s on personal injury subjects.
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
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Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
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North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
Get Directions
Main VA Office
1294 Diamond Springs Road
Virginia Beach, VA 23455
Phone: (757)-460-7776
Fax: (757)-460-3428
Toll Free: 1-800-752-0042
Hampton-Peninsula Area Office
Mill Point Center
101 Eaton Street
Hampton, Virginia 23669
Phone: (757)-788-8162
North Carolina Office
101 E. Elizabeth Street
Elizabeth City, NC 27909
Toll Free: 1-800-752-0042
DISCLAIMER: PLEASE NOTE THAT EVERY CASE IS DIFFERENT, AND THE VERDICTS AND SETTLEMENTS MENTIONED ON THIS WEBSITE, WHILE ACCURATE, DO NOT REPRESENT WHAT WE MAY OBTAIN FOR YOU IN YOUR CASE.
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