A conviction for Driving Under the Influence of Alcohol and/or Drugs can result in jail time, fines, court costs, loss of driving privileges, increased or cancelled insurance, and in some cases, losing your job. Whether it is called DUI, Drunk Driving, DWI, Driving While Impaired, Drugged Driving, Driving While Intoxicated, Aggravated DUI or Driving With Measurable Alcohol the fact is... DUI is a serious criminal offense that can result in substantial and long-lasting consequences.
If you are charged with a DUI, you need an experienced attorney on your side to help you understand your rights and responsibilities, and assist you in the litigation of your case. Taking that first step and hiring a seasoned DUI trial attorney soon after your arrest will insure that you protect your rights and defend your case to the greatest extent possible. In each case, the lawyer's job is to take reasoned action to protect and preserve the rights of the client by filing any necessary motions or documents. Then, after a detailed review of: 1) the client's perception of the events before, during and after the arrest; 2) the state's file materials and evidence; and, 3) the law relevant to the issues of each case, the case is prepared for hearing. The primary goal of the attorney is to get the best result possible for his client, whether to get the charge dismissed or reduced, or to minimize jail time and/or fines. The lawyer's other job is to make sure that his client understands his or her rights and responsibilities involved in both the criminal and administrative parts of the case so the the client can make knowing and intelligent decisions every step of the way.
Currently, someone arrested for Driving Under the Influence in the State of West Virginia, is faced with both the criminal charge (i.e. DUI 1st Offense, DUI 2nd Offense, DUI Third or Subsequent Offense , etc....) and administrative proceedings to revoke their driving privileges which are triggered by a required statement sent to the WV Division of Motor Vehicles by the Arresting Officer. Thus, there are two separate parts to every normal DUI case. Once the DMV receives the Statement of the Arresting Officer, it sends a letter to the last address in the DMV records, informing the offender that their privilege to drive will be revoked as of an effective date unless prompt and proper action to challenge the revocation is filed with the DMV. Unfortunately, people often move and fail to notify the DMV of a new mailing address and don't get the letter (which does not stop the revocation from going into effect ) or they get the letter and either don't read or understand the letter or take proper action to challenge the revocation. However, DUI laws change frequently, and this process may be changing, that is why it is essential that you hire an attorney experienced in DUI law to assist you in handling your case.
Neal Hamilton understands what to do to protect your rights, but it is important you call him as soon as possible after your arrest.
You could go email him at the email on this website: BUT DON'T... CALL THE OFFICE at 304.366.0573.
Inaction and delay by you does not help your situation, it only makes it worse. DUI cases are complex and the above represents only the beginning of the process. Hiring an attorney skilled in DUI defense will give you a fighting chance to obtain the best possible outcome.
TV & TEACHING SEMINARS - Neal Jay Hamilton has appeared as the featured guest three times on the Public Broadcasting System (PBS) show THE LAW WORKS on the topics of "DUI", "The New DUI Law" and "Eminent Domain". Neal has presented numerous continuing legal education seminars at Law Schools and Bar Associations on DUI, Criminal Law and trial topics including: "DUI Litigation: Trial, Bifurcation, Voir Dire & Jury Instructions"; "The Criminal Trial: The Defendant's Viewpoint"; "DUI: The Defense of a Difficult Case - The Advanced Course"; "Cross-Examination of An Officer"; "Sentence Enhancements and Alternate Sentencing"; "DUI Strategy in Administrative and Criminal Cases" ; "Eminent Domain Law and Procedure"; "Video Depositions"; "Uninsured & Underinsured Motorist Coverage & Auto Liability Coverage"; and, "Legal Doctrines - Personal Inland Watercraft Coverage".