Understanding the Process
If you find yourself charged with a DUI in West Virginia, it can feel like your world is turning upside down. Whether it was running a stop sign or some other driving infraction, once the police suspect intoxication, they will pull you over, and the process begins.
What to Expect During the Arrest
When you get arrested, the police will conduct various tests to prove intoxication:
- Speech Check: Officers may listen for slurred speech.
- Eye Examination: They might check your eyes for signs of impairment.
- Vehicle Search: Your vehicle may be searched for evidence.
- Sobriety Tests: You will likely be asked to blow into a breathalyzer and/or perform a field sobriety test.
If you’re found to be over the legal Blood Alcohol Content (BAC) limit, you will be arrested, and bail will be set. In these critical moments, it’s essential to have an experienced Moundsville DUI lawyer from Mountaineer Law Group to assist you in navigating these complex legal proceedings.
DUI Arraignment on the First Date
The first court appearance for your DUI case is known as the “arraignment.” During this hearing:
- Charges: You will be informed of the charges against you.
- Rights: You will be notified of your rights.
- Plea: Your Moundsville criminal lawyer will enter a plea of guilty or not guilty on your behalf. Note that you can attend this initial hearing without a Moundsville DUI lawyer, but it’s advisable to have one.
Filing the Pre-Trial Motion
Both the state’s attorney and your Moundsville criminal lawyer will submit a pre-trial motion. This includes:
- Discovery Motions: Arguments concerning any outstanding discovery motions.
- Pre-Trial Hearings: Hearings to suppress evidence and motions to dismiss the case.
It’s crucial to have a knowledgeable Moundsville DUI lawyer to handle these proceedings. They will guide you on whether to accept a plea bargain at the trial’s outset.
DUI Case in Trial
If your case goes to trial:
- Jury Selection: Both parties will select jurors.
- Opening Statements: Each side will present their opening statements to set the stage.
- Presentation of Evidence:
- The prosecution presents evidence and calls witnesses.
- Your West Virginia DUI lawyer will cross-examine these witnesses.
- The defense will then present its case.
- Both sides will make closing statements before the jury deliberates.
The Final Verdict
- After hearing closing arguments, the jurors will meet in private to discuss the case:
- Jury Deliberation: They will consider all evidence and witness testimonies.
- Verdict Delivery: The jury will announce the verdict.
- Sentencing: If found guilty, the judge will determine the punishment.
- In such cases, it is vital to have an experienced Moundsville DUI lawyer from Mountaineer Law Group represent you. For other legal assistance, such as needing a Moundsville criminal lawyer, don’t hesitate to contact us. Call today (304) 381-3656 for a free consultation.
For any questions or to schedule a consultation, contact Mountaineer Law Group. We’re here to provide the skilled representation you need.