Court Process in Moundsville, WV

DUI Court Dates, Arraignment & Final Plea in West Virginia

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.

What is a DUI Arraignment?

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.

Filing Pre-Trial Motions

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:

  • Whether certain pieces of evidence can be submitted
  • If specific witnesses can be called
  • Whether the case should go to trial or be dismissed

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.

What Happens When a DUI Trial Begins?

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 Final Outcome

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.

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I had hired Mr. Logue a few years ago for my gf at the time for charges she had gotten before I had met her, for prostitution. Big mistake to date her and pay for her lawyer as we didn’t work out but Mr. Logue far exceeded expectations. He got nearly all charges in 2 separate cases dropped for her...

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I was arrested on a felony 3 charge looking at at least up to 2 years in prison. County District Attorney didn't want to negotiate. After a lot of hard work, Sean was able to plead the case all the way down to just 90 days jail with a work release. Better deal than I realistically could have hoped...

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Mr. Logue took our son’s cases on very short notice (the first lawyer we hired wasn’t getting anywhere with either of the prosecutors and had actually turned one of the cases over to the court-appointed attorney). We hired Mr. Logue to go to trial if needed, but he worked with both prosecutors and...

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