How to Avoid DUI Charges and What to Do When Pulled Over in West Virginia?
- posted: Jan. 21, 2021
Being convicted for driving under the influence or DUI can throw your life out of the track. If you are a first-time offender of DUI in West Virginia, you will have to pay a fine of $100-$500 and up to six months of jailtime. Though the court generally gives jail time for the first-time offender, yet if your BAC level is higher than .15%, you will get two-days sentence.
The charges of DUI can lead to license suspension which can not only leave you with no driving privileges but also it can take a toll on your bread and butter. If you are facing DUI charges, then surely a Morgantown DUI lawyer from Mountaineer Criminal Law Group can help you deal with them.
At the same time, we can offer you some of the tips that can help you avoid being charged for DUI. Also, our Morgantown criminal lawyer is also suggesting what you need to do if you are pulled over by a police officer.
Don’t Drink and Drive
The easiest way to avoid DUI charges is to not drink and drive. If you are headed to a party or a club where you plan to have a few drinks, don’t drive. Take a cab instead. If you reach the place in your car and get drunk afterwards, you can ask your sober friend to come and get your car and drive you home. In case you are drunk, get into the backseat of the car. You should not be anywhere near the steering wheel while intoxicated.
Take Care of Your Car
West Virginia police can arrest you under “reasonable suspicion.” For example, maybe you are sober but you are dropping off a few drunk friends of yours at home. And coincidentally a tail light of your car is broken. Now, when you are going back home, the police might ask you to pull-overseeing the broken tail light and eventually will smell the alcohol in the car. And you will be charged for DUI. Though there will not be any proof of you being under the influence, you will still have to hire a Morgantown DUI lawyer and deal with the situation.
In case you see police pulling you over or sirens, don’t panic. Find a parking lot around where you can pull off and keep your indicators on so that police know you have seen them and you are waiting. Keep your hands on the wheel and follow the instructions of the police.
Deescalate with the Police
When you are in the car and the police have pulled you over, be as polite as possible. Don’t panic or don’t say anything untoward that can be used against you in court. Provide them with the basic details like your name and address. But in case of police asks any other questions, even if it is whether you were drinking or not, sit tight and don’t answer. You have the right to remain silent until you are with a Morgantown criminal lawyer. So, just say that you are invoking the right to silence as per the constitution.
You can Refuse Field Sobriety Test
In West Virginia, the FSTs or field sobriety test is not legally enforceable. This test includes standing on one leg, walking a certain distance and then turning, putting the finger on the nose or Rhomberg Test. You can refuse the test when the officer asks for it. Often saying yes to FSTs can give police evidence against you. Refusal to FSTs can give your Morgantown DUI lawyer more to work on.
Don’t Refuse Blood, Breath, or Urine Test
In West Virginia, refusal to blood, breath, or urine test can result in serious penalties. Your license can be revoked for one year. To minimize the DUI punishments, a DUI Deferral Program is often the suggested choice by the lawyers. But if you refuse these tests, you will become ineligible for the program which will result in harsher penalties.
Contact Us Today
If at this point, you are charged with DUI, then come to our Morgantown criminal lawyer at Mountaineer Criminal Law Group. We will diligently listen to your case and ensure the best outcome. For more details, call us now