Facing a DUI charge in West Virginia begins a formal legal process that follows specific steps. Once charges for driving under the influence (DUI) are officially filed, a sequence of legal proceedings will unfold. If you are suspected of driving under the influence, law enforcement will conduct a thorough investigation. This typically includes evaluating your speech, eye color, and performing sobriety tests to detect alcohol or drug levels. If your blood alcohol concentration (BAC) exceeds the legal limit, you could face immediate arrest. Depending on the circumstances, you may either remain in custody or be released on bond, which ensures your presence at future court dates.
The arraignment is the initial court procedure where you will appear before a judge. During this appearance, the judge will inform you of your legal rights and the charges filed against you. At this stage, you will have the opportunity to enter a plea of guilty or not guilty. Typically, this process occurs shortly after an arrest in West Virginia, often in the lower county court. It is common for this hearing to take place without an attorney present unless legal assistance has already been arranged.
Before the trial begins, your lawyer and the state prosecutor will submit pre-trial motions. These motions establish the parameters for the upcoming legal proceedings. For example, they determine what evidence can be presented, whether certain witnesses will be allowed to testify, and if the case should advance to trial or be dismissed altogether.
During this phase, a plea agreement may be offered. Having skilled Kingwood DUI attorneys on your side can make a significant difference in deciding whether to accept a plea deal or proceed to trial. A plea deal might result in reduced charges or probation instead of a jail sentence. The Kingwood criminal lawyer at Mountaineer Criminal Law Group can guide you through this critical decision-making process, ensuring you choose the best route for your case.
If the case proceeds to trial, jury selection is the next critical step. Both the defense attorney and the prosecution will have the opportunity to question potential jurors and dismiss those they believe unsuitable. Once the jury is finalized, the trial officially begins.
The process starts with opening statements from both the prosecution and defense. The prosecution then presents its case by calling witnesses and submitting evidence. Following this, the defense has the opportunity to cross-examine witnesses. A rebuttal case may also be introduced by the prosecution. Both sides will conclude with closing arguments before the judge sends the jury for deliberation.
The jury will deliberate on the case, basing their decision on the evidence and testimonies presented during the trial. After deliberation, the jury announces their verdict and, if necessary, determines the appropriate punishment.
Navigating the legal process of a DUI charge can be overwhelming. Seeking experienced legal representation is crucial to ensuring your rights are protected and you receive the best possible defense. For those located in Kingwood, WV, and nearby regions—including Kingwood—the Kingwood criminal lawyer at Mountaineer Criminal Law Group is ready to assist.
Mountaineer Criminal Law Group of Kingwood criminal lawyer conducts thorough research to prepare strong defenses tailored to each client’s circumstances. We stand by our clients throughout every stage of the process, offering expert legal guidance to reduce or eliminate charges, no matter how severe.
If you are facing DUI charges, consult with our Kingwood DUI attorneys immediately. Call us at (304) 381-3656 to schedule a free consultation at our Kingwood office or any of our other locations across West Virginia. With us by your side, you’ll never face legal challenges alone.