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Virginia/Carolina Personal Injury Lawyers: Focus on West Virginia Personal Injuries Caused by Drunk Drivers



Virginia (VA) Car Accident Lawyers
Offices in VA Beach, Hampton & Elizabeth City, NC  





The state of West Virginia has a two-tier system for arresting and charging drivers whose alcohol consumption has decreased their ability to operate a car, truck, motorcycle or boat safely. When breath or blood tests administered or requested by WV police show a driver to have a blood alcohol content, or BAC, of 0.08 or higher, that person is considered to have been driving under the influence (DUI). At the same time, WV drivers can be found guilty of impaired driving if their BAC measures higher than 0.05 but lower than 0.08. It is important for you to realize that you can still be arrested if your BAC is below 0.08 if the arresting officer decides you were driving recklessly.

A person who refuses to participate in field sobriety testing in West Virginia should be aware that the state has an implied consent law. This means receiving a WV driver's license requires a person to participate in any and all field sobriety tests administered by a law enforcement officer. As a West Virginia driver you can have your license suspended for between 90 days and 3 years for simply refusing a breath or blood test.


Criminal courts in West Virginia also enforce a zero tolerance law for underage drinkers or drug users who drive. Anyone younger than 21 who is convicted of DUI or impaired driving can loose his or her driver's license permanently.


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DUI in West Virginia is prosecuted using two standards of evidence -- common law and per se. Common law evidence for driving under the influence consists of proof that a person was physically or mentally unable to drive due to consuming alcohol or drugs. Acceptable common law evidence includes eyewitness accounts of the driver's driving pattern, results from a field sobriety test, descriptions of the driver's appearance and results from blood tests. Per se evidence of DUI is the breath or blood test BAC result by itself, and that result is not needed for a DUI or impaired driving conviction based on common law evidence.

Like Virginia and North Carolina, West Virginia allows people injured in a traffic accident caused a drunk or drugged driver to sue the at-fault driver for punitive damages. Such monetary awards, which family members of people killed in car, truck and motorcycle DUI or impaired driving accidents can also seek, are awarded over and above any compensation for the victim's medical treatment expenses, lost wages and pain and suffering.






Best Virginia Injury Attorneys Virginia Super Lawyers   

About the Editors: Shapiro, Lewis & Appleton is a Virginia (VA) injury law firm whose attorneys focus exclusively on personal injury and accident law. We have a proven track record in the court room, and you can review our case results to see for yourself. Our attorneys have deep roots in Virginia and handle cases throughout the commonwealth including Virginia Beach, Norfolk, Chesapeake, Portsmouth, Newport News, Hampton and Suffolk, VA. We have offices in Virginia Beach and Hampton, but we're ready to come to you anywhere in VA if you've been seriously hurt by another person's carelessness. 

Virginia injury lawyers Rick Shapiro and James Lewis have been recognized as among the 
Best Lawyers in America since 2008. Shapiro and Lewis have
 also been selected by the National Million Dollar Advocates Forum since 2009. Rick and Jim have been named Virginia Super Lawyers for Personal Injury Law since 2010, making them among the 5 percent of lawyers so honored. In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our Virginia Beach accident injury firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. 

We also
offer free special reports and edit the Virginia Beach Injuryboard and Norfolk Injuryboard blog sites as a public information service.

While no
t every injury case meets our criteria, we offer free initial confidential consultations, so call us toll free at (800) 752-0042. If you cannot get through due to the high call volume, please leave a voicemaul and we will get back to you shortly. 

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Virginia Beach, VA Personal Injury Attorneys
Virginia (VA) Personal Injury Lawyers
Specializing in Virginia Wrongful Death & Injury Law