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What to Do If Arrested for Driving on a Suspended License in West Virginia

Frank C. Walker II March 6, 2025

If you’ve been arrested for driving on a suspended license in West Virginia, you may be feeling overwhelmed and unsure of what to do next. Driving with a suspended license is a serious offense, and facing such charges can lead to significant consequences. However, understanding the legal process and knowing your rights can help you navigate the situation more effectively.

At Frank Walker Law, we’re dedicated to defending your rights and guiding you through the legal complexities of traffic-related offenses. If you’ve been arrested for driving on a suspended license, here’s what you need to know about the charges, penalties, and how we can help.

1. Understand the Charges Against You

In West Virginia, your driver’s license may be suspended for various reasons, including but not limited to:

  • Accumulating too many points on your driving record.

  • DUI (Driving Under the Influence) convictions.

  • Failing to pay fines or child support.

  • Medical reasons that prevent you from safely operating a vehicle.

Once your license is suspended, you are prohibited from operating a vehicle until it is reinstated. If you’re caught driving while your license is suspended, you can face serious legal consequences.

2. Stay Calm and Exercise Your Rights

The immediate aftermath of an arrest can be stressful. However, it's crucial to remain calm and exercise your rights. You have the right to remain silent, and you should avoid making statements to the police until you consult with an attorney. Anything you say can be used against you in court, so it’s best to stay silent and wait for legal counsel.

Contact Frank Walker Law as soon as possible to ensure your rights are protected and to discuss the next steps in your case. With our experience in criminal defense, we’ll provide the guidance you need to navigate this situation.

3. The Legal Process

After your arrest, you will likely go through several stages of the legal process:

  • Arraignment: This is where you will formally hear the charges against you. At this point, you can enter a plea of guilty, not guilty, or no contest. A skilled attorney from Frank Walker Law will help you determine the best course of action, whether it’s contesting the charges or seeking a plea deal.

  • Pretrial Motions and Hearings: Your attorney may file motions to challenge the evidence against you, request a reduced bond, or negotiate a resolution with the prosecution.

  • Trial: If your case goes to trial, both sides will present evidence. Having an experienced criminal defense attorney on your side can make all the difference in the outcome of your case.

4. Possible Penalties for Driving on a Suspended License

The penalties for driving on a suspended license in West Virginia vary depending on the circumstances, such as the reason for the suspension and whether you have prior convictions. Possible penalties include:

  • First Offense: If this is your first offense for driving on a suspended license, you could face up to 6 months in jail and a fine of up to $500.

  • Second Offense: A second offense carries more severe penalties, including up to 1 year in jail and a fine of up to $1,000.

  • Third or Subsequent Offenses: For a third or subsequent offense, you may face up to 2 years in jail and a fine of up to $2,000. Additionally, if your suspension was due to a DUI conviction, penalties can be even harsher.

In addition to these penalties, a conviction for driving on a suspended license may result in further suspension of your license and complications in getting it reinstated.

5. Possible Defenses

If you’ve been arrested for driving on a suspended license, there may be possible defenses your attorney can raise on your behalf. Some common defenses include:

  • Mistaken Identity: If the officer mistakenly identified you or there was confusion about the status of your license, your charges may be dropped.

  • Lack of Knowledge: In some cases, drivers may not be aware their license was suspended. If you were never properly notified of the suspension, this could be a valid defense.

  • Emergency Situation: If you were driving in an emergency, such as transporting someone to the hospital, your attorney may be able to argue that your actions were justified under the circumstances.

  • Improper Suspension: If your license was suspended in error or due to a procedural mistake, your attorney can challenge the suspension itself.

6. How Frank Walker Law Can Help

At Frank Walker Law, we understand how frustrating and confusing it can be to face charges for driving on a suspended license. Our experienced criminal defense team is here to guide you through the process and explore all possible defenses. We’ll work to minimize the penalties you face and seek the best possible outcome for your case.

Whether this is your first offense or a repeat violation, we have the knowledge and experience to help you navigate the legal system and fight for your rights.

7. What to Do Next

If you’ve been arrested for driving on a suspended license in West Virginia, don’t wait to seek legal help. The sooner you get in touch with an attorney, the better your chances of achieving a favorable outcome. At Frank Walker Law, we offer free consultations and are ready to provide the support you need.

Contact Us Today

Don’t let an arrest for driving on a suspended license affect your future. Contact Frank Walker Law today to schedule a consultation and discuss your case. We’ll provide you with expert legal advice and work diligently to help you avoid the harsh penalties of a conviction.

Call us now or visit our website to learn more about how we can assist you.

At Frank Walker Law, we are committed to protecting your rights and fighting for the best possible outcome in your case. Let us help you move forward with confidence.

About Frank Walker Law

Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.

Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.

If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.