Your Wheeling WV DUI lawyer can provide information on alternatives to jail that may be available to you. While West Virginia does not offer pre-trial diversion programs like some other states, you will still go through the court process. There are three ways to avoid having a conviction on your license. Firstly, you can prove your innocence in court. Secondly, you can seek to have the charges dismissed. Lastly, you can try to convince the prosecutor to drop the charges.
While a conviction could result in a jail sentence, there are ways to avoid serving time.
One option is wearing an ankle monitor that continuously detects alcohol levels in your body, 24/7. This device analyzes blood alcohol content through sweat and records data. This information is then shared with the judge or probation officer assigned to your case. With this option, you may be granted permission to travel to work, doctor appointments, court hearings, and shopping. The maximum duration for wearing this monitor is six months, and all associated costs are the responsibility of the offender.
Alternatively, some individuals may be placed under house arrest with an electronic monitoring bracelet attached to their ankle, often referred to as HAEM. Although this bracelet does not measure alcohol consumption, it alerts authorities if you violate any specified locations. House arrest requires you to remain inside your home or within a certain distance from it at all times. In certain cases, you may be allowed to go to work while on house arrest. Your probation officer may conduct random alcohol tests or phone calls for monitoring compliance. Violating the terms of house arrest or tampering with the monitoring bracelet could result in the reinstatement of your jail sentence. If you are sent back to jail, you may be subject to additional monitoring upon release. Just like the alcohol monitor option, the offender is responsible for all costs associated with using an electronic monitoring bracelet.
Participation in driver intervention programs is often an option for individuals convicted of DUI. Typically spanning three days, these programs serve as an alternative to jail time. Aimed at educating offenders about the effects of drugs and alcohol, the overarching goal is prevention of future offenses. For those in the Wheeling area, there are several programs available, and your Wheeling WV criminal lawyer can provide specific details regarding timing and location. It’s important to note that not all West Virginia counties have these programs, which may require travel to a different county for participation. The sessions are typically conducted in a hotel conference room, where participants spend the entire weekend. There is a program fee of several hundred dollars, typically reserved for first-time offenders. Additionally, participants are responsible for their own travel costs, and rescheduling may incur additional charges.
Fortunately, West Virginia provides various options to avoid jail time following an DUI charge. For personalized guidance based on your unique case, consult with your trusted Wheeling WV DUI lawyer.
Sean Logue boasts a wealth of experience in handling an extensive range of DUI cases and has consistently demonstrated an ability to secure charge reductions or dismissals. With his exceptional training, he is fully equipped to pursue the optimal outcome for you.