When you are officially charged with driving under the influence (DUI) in West Virginia, the court process begins. After a thorough investigation—which includes analyzing your speech, eye color, and conducting drug and alcohol tests—if your blood alcohol concentration (BAC) exceeds legal limits, you may be charged with a DUI and arrested immediately. According to the Ohio Revised Code, you might either be held in custody or released on bond, guaranteeing your presence in future court dates.
A DUI arraignment is the court procedure where you appear before a judge who informs you of your rights and the charges against you. At this stage, you have the option to plead guilty or not guilty. This typically occurs soon after your arrest in West Virginia, often in a lower county court, and can happen even without an attorney present.
Before the trial begins, both defense and state attorneys must file pre-trial motions to set boundaries for the legal proceedings. Pre-trial motions decide various aspects, such as:
During this phase, a Moundsville DUI lawyer can help negotiate a plea deal. Accepting a plea deal might result in probation instead of jail time. Attorneys from the Mountaineer Criminal Law Group can guide you through this crucial decision-making process.
If the case proceeds to trial, jury selection is the next step. Both the defense and prosecution can question and dismiss potential jurors until an impartial jury is formed. The trial then commences with opening statements from both attorneys, followed by the prosecution presenting their evidence and witnesses.
After the prosecution rests, the defense cross-examines the witnesses and may present rebuttal evidence. Both sides then offer closing arguments before the jury deliberates.
The jury reviews the case based on the trial’s proceedings and announces their verdict. If a guilty verdict is reached, they will also decide on the appropriate punishment.
If you are facing DUI charges, it’s crucial to consult a Moundsville criminal lawyer promptly. At Mountaineer Criminal Law Group, we dedicate ample research and effort to build the best defense for your case. We ensure you are not alone in facing these charges. Call us at (304) 381-3656 to schedule a free consultation at our Moundsville office or any other West Virginia location. We are committed to minimizing or eliminating charges, no matter their severity.