Underage DUI Attorney in Martinsburg
Legal Help For Families Facing Underage DUI Charges
If your child has been accused of driving under the influence, you may feel shaken, angry, and unsure where to turn. An underage DUI can affect school, work, and future opportunities, and parents often have very little time to make important decisions. You do not have to navigate this alone.
At The Criminal Law Center, we focus our entire practice on criminal defense, and we regularly defend young people who are facing DUI and related charges. Our attorneys have decades of combined experience in criminal court in Martinsburg and nearby communities. We work as a coordinated team so that every client benefits from thorough preparation and careful legal analysis.
Contact an underage DUI attorney in Martinsburg at The Criminal Law Center today. With +65 years of combined legal experience, we are available 24/7 to start building your defense. Call us at (304) 262-9300 or contact us online for a confidential consultation.
Understanding Underage DUI Laws in West Virginia
West Virginia’s DUI laws are found in W. Va. Code § 17C-5-2. For drivers under the legal drinking age of 21, the state operates under a specialized "Zero Tolerance" standard. While the legal limit for adults is 0.08%, the threshold for those under 21 is a mere 0.02%. This means that even a single drink can lead to a "Baby DUI" charge.
The law distinguishes between different levels of impairment for underage drivers:
- Zero Tolerance (BAC 0.02% to 0.079%): If your blood alcohol concentration is in this range, you face specific underage penalties. While jail time is generally not mandated for a first offense at this level, the administrative and financial fallout is significant.
- Standard DUI (BAC 0.08% or Higher): If a driver under 21 has a BAC of 0.08% or more, they are treated similarly to an adult. This elevates the charge to a standard misdemeanor DUI, which carries the possibility of jail time and higher fines.
- Aggravated DUI (BAC 0.15% or Higher): If an underage driver’s BAC reaches this extreme level, they face mandatory minimum jail time and more severe license revocation periods.
It is also important to note that underage drivers can be charged with Minor in Possession (MIP) concurrently, further complicating their legal standing. A Martinsburg underage DUI lawyer from our firm will analyze the specific statutes cited in your arrest to ensure the state hasn't overreached.
Penalties and Collateral Consequences of Underage DUI in Martinsburg
The penalties for an underage DUI in West Virginia are designed to be a "wake-up call," but they often feel like a life-altering burden.
- First Offense (0.02% - 0.079%): Conviction typically results in a fine of $25 to $100 and a mandatory 60-day license revocation. Alternatively, you may be eligible for a 30-day suspension followed by participation in the Motor Vehicle Alcohol Test and Lock Program (Ignition Interlock) for five months.
- Second or Subsequent Underage Offense: Penalties escalate to 24 hours in jail, fines up to $500, and a license revocation until the age of 21 or for one year, whichever is longer.
- Educational Impact: Many universities, including those near Martinsburg, have "Student Conduct" codes. A DUI conviction can lead to suspension, loss of scholarships, or expulsion.
- Employment Barriers: A criminal record for a DUI can disqualify you from jobs involving driving, government positions, or any role requiring a security clearance.
- Insurance Costs: Young drivers already pay high premiums. A DUI conviction can cause rates to triple or lead to total policy cancellation.
Why Families Turn To Our Team For Underage DUI Defense
When a young person is charged with DUI, parents want more than basic answers. They want to know that their attorney understands both the criminal process and the long-term impact on a teenager’s future. Our firm is the only practice in this area dedicated solely to criminal defense. That focus allows us to pay close attention to the laws, procedures, and patterns that shape underage DUI cases.
Our attorneys bring more than 65 years of combined experience to each case, and The Criminal Law Center has been defending people in criminal court since 1989. Over that time, we have appeared in local courts in Martinsburg and across West Virginia day after day. This familiarity with area judges, prosecutors, and courtroom procedures can be especially important when a case involves a young driver and a worried family.
We do not work alone on your child’s case. Our four lawyers collaborate with legal assistants, investigators, and forensic specialists as needed. For an underage DUI, that can mean closely examining police reports, dash or body camera footage, field sobriety testing, and breath or blood test procedures. When questions arise about how evidence was gathered or interpreted, we are able to bring in the appropriate support to look deeper.
Our work does not stop at the trial court level. We maintain an active appellate practice and have handled matters in state and federal courts, including work before the United States Supreme Court. This level of experience reflects our commitment to detailed legal research and written advocacy. For families, it also means that we understand how decisions made early in a case can affect later options, including appeals.
How We Approach Underage DUI Defense in Martinsburg
Once a family hires the firm, the focus begins with a thorough review of the case. Attorneys examine the traffic stop, police reports, field sobriety testing, and any chemical tests to identify procedural or technical issues that could weaken the prosecution’s case. When needed, investigators and forensic consultants help evaluate video, audio, and testing records to support strategic decisions.
Each case is prepared as if it will go to trial, strengthening both negotiation and courtroom readiness. Throughout the process, families are kept informed about court dates, choices, and possible outcomes, and young clients are prepared for court appearances. When appropriate, the firm also explores rehabilitation-focused resolutions and remains involved beyond early hearings, including appeals or post-conviction review when warranted.
At The Criminal Law Center, we are focused on Criminal Defense. We do not just look at the police report; we conduct a full forensic review of your arrest:
- Scientific Accuracy: We investigate the "rising blood alcohol" defense, where your BAC might have been below the limit while driving but rose by the time you were tested at the station.
- Officer Procedure: We verify that the 20-minute observation period required by West Virginia law was strictly followed before your breath test.
- Holistic Advocacy: We understand the stress this puts on a family. We communicate clearly with parents and students to ensure everyone understands the path to protecting the young driver’s future.
Steps To Take After An Underage DUI Arrest
In the first few days after an arrest or citation, many parents feel pressure to act quickly but are not sure what to do. Taking a few careful steps can help protect your child’s rights and create a stronger foundation for the defense.
Helpful actions many families can consider:
- Protect the right to remain silent. Encourage your child not to discuss the incident with friends, police, or on social media. Statements made in anger or fear can later be used in court.
- Collect and organize documents. Keep tickets, charging documents, hearing notices, and any paperwork from the Department of Motor Vehicles in one place. These items often contain important deadlines.
- Pay attention to license deadlines. There may be time limits for requesting certain hearings or challenging a suspension. Missing these deadlines can restrict available options.
- Write down what happened. As soon as possible, have your child write a detailed account of the stop and events leading up to it. Memories can fade quickly, especially when a night involved stress or confusion.
- Avoid discussing the case with others involved. Speaking with passengers or other potential witnesses without legal guidance can complicate the defense. It is usually safer to let your attorney handle any needed communication.
- Contact a qualified underage DUI attorney. Early legal guidance often helps families avoid missteps and prepares everyone for upcoming hearings. Meeting with counsel allows you to ask questions and understand the range of possibilities.
Our team regularly meets with families in this area to review these steps and to discuss the specific details of their situation. During an initial consultation, we can talk through the process, answer preliminary questions, and explain how we approach cases that affect teenagers and young adults.
Talk With Our Team About Your Underage DUI—Call Now
At The Criminal Law Center, we devote our practice entirely to criminal defense and have been representing clients in Martinsburg courts since 1989. Our attorneys bring decades of combined experience, a collaborative team structure, and a strong local reputation to every case. We take the time to listen to families, explain options, and build strategies that reflect both the law and the realities of a young person’s life.
To speak with our underage DUI lawyers in Martinsburg, call (304) 262-9300 or reach out online.
Frequently Asked Questions
Will an Underage DUI stay on my child’s record?
An underage DUI can affect your child’s record, but the impact depends on the charge, court, and later options for record relief. Some matters may be sealed or treated differently from adult convictions. We review the specific situation and explain what may be done to protect future opportunities.
How quickly should we contact your firm after an arrest?
We recommend contacting us as soon as possible after an arrest or citation. Early involvement allows us to protect important rights, review deadlines, and begin gathering information while memories are fresh. Our team can guide you through the first decisions so you do not feel that you are guessing about your next steps.
How will your attorneys keep us informed about the case?
We work to keep families updated at every important stage. Our attorneys explain what will happen at each hearing, what choices need to be made, and what those choices may mean. We encourage questions and aim to provide clear, timely responses so parents and young clients understand the process.
Do you handle Underage DUI cases in Martinsburg courts?
Yes. Our criminal defense practice is based in Martinsburg, and we regularly appear in Berkeley County courts on underage DUI matters. Because we focus only on criminal cases, we spend much of our time in these courtrooms and understand how local procedures and practices affect our clients’ cases.
