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West Virginia DUI Court Dates

What to Expect at a DUI Court Hearing

Your West Virginia DUI court dates begin after you are officially charged with driving under the influence. This whole nightmare started when a police officer noticed erratic driving or saw you running a red light or stop sign. The officer pulled you over and began a DUI investigation, something he or she was well-trained to perform.

The investigation started by observing your manner of speech, how your eyes looked, smelling the presence of alcohol or drugs, or seeing an open container or drug paraphernalia in plain sight. The next stage was asking you to blow into a portable breathalyzer and perform field sobriety tests.

If the officer determined that you were driving over the legal BAC limit, you were placed under arrest by the officer at the scene. You were held in custody or released. Bond was set to guarantee your return to court for all future court dates.

From this point forward, it is in your best interest to have a skilled West Virginia DUI attorney by your side. Attorney Harley Wagner can fight to protect your rights and your future every step of the way. The firm serves clients in Berkeley, Jefferson, and Monongalia counties and throughout West Virginia.

Get representation for your West Virginia DUI court date by scheduling your free consultation with The Wagner Law Firm by calling (304) 461-6000.

DUI Arraignment: First Court Date in West Virginia

Up next in the court process is your arraignment. That’s the part of the case where you will be told of the charges against you by the judge. You will also be informed of your rights. Then, you and your lawyer will enter a plea of either guilty or not guilty. In most West Virginia lower county courts, the arraignment takes place during your arrest without an attorney present.

Filing Pretrial Motions

Before the trial begins, lawyers for the state and the defense will submit pretrial motions. Some of these motions include pretrial hearings to suppress evidence, to argue outstanding discovery motions, motions to dismiss and other motions in limine.

At this point in the case, it is very important that you have an experienced DUI lawyer working with you. That’s because often before the trial even begins, the state will offer some sort of plea bargain to you. It may include pleading guilty to a lesser charge. Harley Wagner can advise you if the plea bargain is a good idea or not. Sometimes it makes more sense to take the plea bargain. Other times, it is more beneficial to go ahead with the trial itself. You need a West Virginia DUI lawyer who can help you make this very important decision.

What If My DUI Case Goes to Trial?

If you do end up choosing to go to trial, the next step is jury selection. This is when attorneys from both sides will question potential jurors to build a jury of your peers. The process of questioning the jury is called “voir dire.” Once the entire jury is selected, your trial begins.

Once your jury is seated, lawyers for both sides deliver opening statements to the jury. The state goes first, followed by the defense. Having the burden of proof, the prosecution then calls its witnesses. Your lawyer can choose to cross-examine all of the state’s witnesses. Then the defense presents its case, followed by a prosecution rebuttal case. Each side then gets the chance to give a closing argument.

Final Verdict in a DUI Trial

After the evidence portion of the case is over and closing arguments have been delivered, the judge will instruct the jury and deliberations begin. The jurors go into a private room to discuss the evidence in the case. Once a decision has been made, the jury will deliver its verdict where you will be pronounced guilty or not guilty. A judge will then decide on a punishment if you are convicted of a DUI.

You Need Competent Representation for West Virginia DUI Court Dates

It is natural to be nervous after a DUI arrest. You may be wondering if it is even worth going to trial. Before you give up and plead guilty, find out what kind of defense you have in your corner. Talk to West Virginia DUI lawyer Harley Wagner today. Don’t give up before you find out how he can help you get justice in your case.

It’s important long before you end up facing a trial that you get a qualified, skilled lawyer working for you. Don’t make the mistake of hiring a general practice attorney who doesn’t have experience with DUI cases. The Wagner Law Firm is the only one in the entire state of West Virginia that is completely dedicated to fighting DUI cases.

Take advantage of Harley Wagner’s years of experience and knowledge in DUI cases. It could make the difference in your case. Contact us to get representation for your West Virginia DUI court date.

Case Results

With decades of legal experience and over 800 hours of DUI defense training, Harley Wagner knows how to fight DUI charges effectively. Read The Wagner Law Firm's recent case results to learn more about Harley's past successes.
  • DUI Felony 3rd Offense (Berkeley Springs, WV) Not Guilty
  • DUI Felony Fleeing / Attempted Murder by Vehicle (Romney, WV) Dismissed
  • .08 DUI Causing Death case (Clarksburg, WV) Dismissed
  • .14 Felony DUI Causing Death Case (Martinsburg, WV) Reduced to Misdemeanor
  • DUI 1st (Morgantown, WV) Dismissed
  • DUI 1st (Morgantown, WV) Dismissed
  • DUI 1st (Martinsburg, WV) Dismissed
  • DUI 1st (Morgantown, WV) Dismissed
  • DUID 1st (West Virginia) Dismissed
  • DUI 1st (St. Mary’s, WV) Dismissed

Why Trust Harley Wagner?

  • Over 21 Years of Experience
  • More Than 3,000 DUI Cases Handled
  • Performed 800 Hours of DUI Defense Training
  • Award Winning Representation
  • Faculty Member at DUI Defense Lawyers Association
  • Author of West Virginia's Preeminent DUI Book: West Virginia DUI Defense: The Law and Practice
Looking Forward to Helping You

Call 304-461-6000 To Get Started