West Virginia DUI Defense and Administrative License / Test & Lock Package

WEST VIRGINIA DUI DEFENSE AND ADMINISTRATIVE / TEST AND LOCK PACKAGE

PART 1 — IMPLIED CONSENT & STATUTORY SUMMARY / INTAKE

Client Intake Snapshot

PART 2 — NOTICE OF ELECTION (FIRST-OFFENSE DEFERRAL § 17C-5-2b)

Case No.: [________________________________]

NOTICE OF INTENT TO PARTICIPATE IN DEFERRAL UNDER W. VA. CODE § 17C-5-2b

Defendant, by and through undersigned counsel, hereby gives notice within 30 days of arrest pursuant to W. Va. Code § 17C-5-2b(a)(1)(C) of Defendant's intent to participate in the deferral program upon entry of plea or finding of guilt under W. Va. Code § 17C-5-2(e). Defendant represents that:

1. Defendant has not previously been convicted of any offense under article 5 of chapter 17C of the West Virginia Code, or under any United States or other state statute relating to driving under the influence of alcohol, controlled substances, or any drug.
2. Defendant intends to enter a plea of guilty (or no contest) and to satisfy the conditions of probation, including:
   - a. 15-day suspension of operator's license;
   - b. At least 165 days of participation in the Motor Vehicle Alcohol Test and Lock Program pursuant to W. Va. Code § 17C-5A-3a; and
   - c. Completion of the program and all conditions within one year.
3. Upon successful completion, Defendant intends to move for dismissal of the charges pursuant to § 17C-5-2b(c) by affidavit and DMV certification.

Dated: [__/__/____]

PART 3 — WRITTEN OBJECTION TO ORDER OF REVOCATION (PRE-JULY 1, 2020 OFFENSES ONLY)

West Virginia Division of Motor Vehicles — Hearing Section / Successor Adjudicator

WRITTEN OBJECTION

Pursuant to W. Va. Code § 17C-5A-2 (as applicable to offenses occurring on or before June 30, 2020), Petitioner timely files this written objection to the Order of Revocation and requests a hearing. Filing methods preserved by statute: in person; registered/certified mail, return receipt requested; facsimile transmission; or electronic mail (a successful fax transmittal sheet is required for fax filings).

Grounds asserted (check all that apply):

• ☐ The arresting officer lacked probable cause to believe Petitioner was DUI.
• ☐ Petitioner was not lawfully placed under arrest.
• ☐ Petitioner did not refuse the secondary chemical test, or the 15-minute revocation window was not honored under § 17C-5-7(b).
• ☐ The officer failed to give required verbal and written warnings under § 17C-5-4(e).
• ☐ The officer's sworn statement under § 17C-5-7(c) was not filed within 48 hours / was defective.
• ☐ Secondary test was not administered or maintained per W. Va. C.S.R. § 64-10 / DHHR regulations.
• ☐ Blood draw was without warrant, consent, or exigency.

PART 4 — DEMAND FOR DISCOVERY (CRIMINAL CASE)

Court: [________________________________]
Case No.: [________________________________]

DEFENDANT'S DEMAND FOR DISCOVERY AND DISCLOSURE

Pursuant to W. Va. R. Crim. P. 16, Brady v. Maryland, 373 U.S. 83 (1963), Giglio v. United States, 405 U.S. 150 (1972), and W. Va. Const. art. III, §§ 5, 10, and 14, Defendant requests:

1. Defendant's recorded and oral statements.
2. Defendant's prior record.
3. Documents, photographs, body-cam, dash-cam, and station/booking video.
4. Tangible objects.
5. Results of scientific examinations:
   - a. Breath test ticket and instrument records; calibration, maintenance, and accuracy-check records for 12 months pre-test and 3 months post-test;
   - b. Operator and senior operator certifications;
   - c. Blood draw documents, kit number, chain of custody, lab notes, chromatograms;
   - d. Compliance documentation with W. Va. C.S.R. § 64-10 (DHHR Bureau for Public Health rules on breath testing).
6. NHTSA SFST certifications and training records of administering officers.
7. CAD/dispatch records and 911 audio.
8. Officer disciplinary, Giglio, and Brady material.
9. Expert witness disclosures, CVs, and reports.

PRESERVATION DEMAND

Defendant demands preservation of all electronic data, video, audio, breath instrument data, retained blood aliquots, and instrument records pending resolution.

Dated: [__/__/____]

PART 5 — MOTION TO SUPPRESS

Court: [________________________________]
Case No.: [________________________________]

DEFENDANT'S MOTION TO SUPPRESS

Defendant moves to suppress all evidence and statements obtained as a result of the stop, detention, arrest, and chemical testing of Defendant on [__/__/____].

I. Unlawful Stop (W. Va. Const. art. III, § 6; U.S. Const. amend. IV)

☐ Officer lacked reasonable, articulable suspicion to initiate the stop.
☐ The cited basis fails State v. Stuart analysis.

II. Unlawful Detention / Scope and Duration

☐ Detention exceeded the mission of the stop without independent reasonable suspicion (Rodriguez v. United States, 575 U.S. 348 (2015)).

III. Lack of Probable Cause to Arrest

☐ SFSTs not administered per NHTSA; HGN improperly administered or scored; Walk-and-Turn/One-Leg-Stand improperly performed.
☐ Totality of circumstances does not establish probable cause under State v. Hambrick.

IV. Implied Consent / Warnings / Refusal Procedure

☐ Officer failed to give required verbal and written warnings under § 17C-5-4(e).
☐ Officer failed to honor 15-minute revocation window under § 17C-5-7(b).
☐ Officer's sworn statement not filed within 48 hours under § 17C-5-7(c).

V. Foundational Defects in Chemical Test

☐ Breath instrument not in proper working order or not calibrated within tolerance (W. Va. C.S.R. § 64-10).
☐ Test conducted by unqualified operator.
☐ Blood draw not pursuant to warrant, consent, or exigency (Birchfield v. North Dakota, 579 U.S. 438 (2016); Missouri v. McNeely, 569 U.S. 141 (2013)); chain of custody broken.

VI. Miranda Violations

☐ Custodial interrogation without Miranda warnings.

Relief: Evidentiary hearing and suppression of all challenged evidence.

PART 6 — HARDSHIP / RESTRICTED LICENSE PETITION UNDER § 17B-3-9 AND TEST & LOCK ENROLLMENT

Test & Lock Enrollment Checklist

Petition for Restricted License (where statutorily eligible)

To: West Virginia Division of Motor Vehicles

Petitioner [________________________________] (DL # [____]) hereby applies for a restricted license / Test & Lock program enrollment pursuant to W. Va. Code §§ 17B-3-9 and 17C-5A-3a. Petitioner attests:

1. Petitioner is the operator named in the Order of Revocation/Suspension dated [__/__/____].
2. Petitioner has installed an approved ignition interlock device on every motor vehicle Petitioner will operate, by [installer] on [__/__/____].
3. Petitioner maintains motor vehicle insurance with [carrier], policy no. [____].
4. Petitioner consents to all monitoring, data downloads, and compliance reporting required by DMV rules.
5. Petitioner certifies that no other condition disqualifies enrollment.

PART 7 — PLEA EVALUATION WORKSHEET

Statutory Exposure Snapshot (W. Va. Code § 17C-5-2)

Plea Offer Worksheet

Suppression Posture

Client Acknowledgement

SOURCES AND REFERENCES

• W. Va. Code §§ 17C-5-2, 17C-5-2b, 17C-5-4, 17C-5-7
• W. Va. Code §§ 17C-5A-2, 17C-5A-2b, 17C-5A-3, 17C-5A-3a (Test & Lock; admin hearing sunset)
• W. Va. Code §§ 17B-3-9, 17B-4-3
• W. Va. C.S.R. § 64-10 (DHHR breath-testing rules)
• W. Va. R. Crim. P. 16
• Brady v. Maryland, 373 U.S. 83 (1963); Giglio v. United States, 405 U.S. 150 (1972)
• Rodriguez v. United States, 575 U.S. 348 (2015); Birchfield v. North Dakota, 579 U.S. 438 (2016); Missouri v. McNeely, 569 U.S. 141 (2013)
• State v. Stuart, 192 W. Va. 428; State v. Hambrick, 177 W. Va. 26; Lilly v. Stump, 217 W. Va. 313; Carte v. Cline, 200 W. Va. 162
• Senate Bill 130 (2020) — eliminated pre-conviction administrative DUI hearings effective June 4, 2020

DISCLAIMER: This package is provided as an editable starting point and does not constitute legal advice. West Virginia restructured its DUI license adjudication scheme through SB 130 (2020); the Office of Administrative Hearings was terminated. Always verify the current statutory text, DMV procedures, and any transition orders affecting pre-July 1, 2020 cases before filing.