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E. Lavoyd Morgan Jr. & Associates
Lewisburg West Virginia DUI Attorneys
Lewisburg West Virginia DUI Attorneys
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(304) 645-7120
Lewisburg West Virginia DUI Attorneys
E. Lavoyd Morgan Jr. & Associates
103 North Court Street South
Lewisburg, West Virginia 24901
Over the years, E. Lavoyd Morgan, Jr. has built his career by zealously representing clients from all walks of life. In 2000 Mr. Morgan had a vision of creating a law firm where people could obtain high quality, aggressive representation in a setting where they would not be treated just as another number, but where they would be known by name and where their individual needs would be addressed with respect and professionalism. At E. Lavoyd Morgan, Jr. & Associates, you will find a law firm that is big enough to serve all of your legal needs, while at the same time, small enough to care about you.
E. Lavoyd Morgan, Jr. was born and raised in Ronceverte, West Virginia. Mr. Morgan graduated cum laude from Concord College in Athens, West Virginia in 1992 with Bachelors of Arts degrees in both sociology and Political Science. Mr. Morgan went on to receive his doctorate of Jurisprudence in 1995 from Campbell University School of Law in Buies Creek, North Carolina. While at Campbell University, Mr. Morgan received numerous awards and was selected to serve on the staff of the Campbell Law Observer. Mr. Morgan also served as vice president of the Federalist Society, and was a case writer for the nationally publicized Religious Freedom Reporter. Mr. Morgan was also a teaching assistant to the Honorable J. Stanley McQuaid. E. Lavoyd Morgan, Jr. was admitted to the practice of law on October 2, 1995 and is licensed to practice in all federal and states courts of West Virginia and the Fourth Circuit of Appeals. Mr. Morgan has extensive experience litigating both civil and criminal cases and appeals in state and federal courts.
Mr. Morgan has previously been selected to the nationally recognized Who's Who Among Executives and Professionals. Mr. Morgan is a member of State Bar Association, the American Bar Association, the West Virginia Association for Justice, the National Association of Criminal Defense Lawyers, and serves on the Board of Directors of the ACLU of West Virginia. Since 1996, Mr. Morgan has been an adjunct professor at Mountain State University and Bluefield State College where he has taught courses ranging from criminal justice to civil litigation. Mr. Morgan is also noted speaker on topics such as civil rights and due process of law. As a speaker, MR. Morgan has shared the podium with such acclaimed personalities as Henry Belafonte and Jennifer Harbury.
When your family, assets, or freedom are at stake, you need a lawyer on your side who is experienced, aggressive, and passionate about your case. At E. Lavoyd Morgan, Jr. & Associates you will find an experienced team of professionals you can count on to be there for you when you need them the most.West Virginia DUI Law Highlights: BAC Levels and Implied Consent (Table 1)
| State | "Per Se" BAC Level | "Zero Tolerance" BAC Level | Enhanced Penalty BAC Level | "Implied Consent" Law |
| West Virginia | .08 | .02 | -- | Yes |
DEFINITIONS:
"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.
"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.
"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.
West Virginia DUI Law Highlights: Selected Penalties (Table 2)
| State | Administrative License Suspension/Revocation (1st/2nd/3rd Offense) | Mandatory Alcohol Education and Treatment/Assessment | Vehicle Confiscation Possible? | Ignition Interlock Device Possible? |
| West Virginia | 6m/ 1y/ 1y | Both - in limited circumstances | No | Yes |
DEFINITIONS:Note: Persons arrested for DUI will be subject to additional criminal law penalties not addressed here -- including jail time, fines, and community service. Such criminal penalties are typically more discretionary than those identified in this chart, and are therefore more difficult to accurately predict. Generally speaking, first-time DUI offenders can expect to incur a fine, and face the possibility of jail time. Repeat DUI offenders will incur harsher fines, and will almost certainly be sentenced to a number of days in jail. Penalties will be harsher still if the DUI offender was involved in an accident in which someone else was injured or killed.
Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.
Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.
Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.
Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.
