If you’re facing a DUI charge in West Virginia, you may feel overwhelmed, uncertain, and even afraid about what comes next. You are not alone in feeling this way, and we understand the stress that comes with such a situation. It’s easy to feel like the weight of the world is on your shoulders. Whether this is your first offense or you’ve had past run-ins with the law, the good news is that there are options to defend yourself. At The Wagner Law Firm, we understand what you’re going through, and we are here to help you navigate the legal process with empathy and support. In this blog, we will walk you through some common defenses used in DUI cases that could help you get the best possible outcome.
Understanding DUI Charges in West Virginia
In West Virginia, a DUI charge is serious. Driving under the influence of alcohol or drugs can lead to severe consequences, including fines, license suspension, and even jail time, especially if you have prior convictions. The law in West Virginia states that a blood alcohol concentration (BAC) of 0.08% or higher is considered impaired. However, it’s essential to know that being charged with DUI does not automatically mean you are guilty. There are defenses that can be raised to challenge the evidence against you, and it’s crucial to understand how these defenses can work in your favor.
The Importance of Proper Procedure During a DUI Stop
One of the first defenses to explore is whether the police followed proper procedure during the traffic stop. In West Virginia, officers must have a valid reason to pull you over. This could be for a traffic violation, erratic driving, or another lawful reason. If the officer did not have a reasonable suspicion to stop your vehicle, this could be grounds to challenge the DUI charge. Additionally, once you are stopped, the police must follow certain protocols for testing and arresting you. If any steps were skipped or improperly conducted, this could weaken the prosecution’s case.
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Challenging the Accuracy of Breathalyzer and Field Sobriety Tests
Breathalyzer tests are commonly used to determine your BAC, but these tests are not always 100% accurate. There are several factors that can lead to false readings. For example, mouth alcohol from belching or burping can give a higher BAC reading. If the officer did not follow the correct protocol for administering the breathalyzer test, or if the device was not calibrated properly, the results could be unreliable.
Similarly, field sobriety tests are subjective and can be affected by a number of factors unrelated to alcohol or drugs. Conditions such as poor weather, uneven ground, or even nervousness can impact your performance on these tests. If the officer failed to properly administer these tests or did not consider the conditions, it could be a solid defense to challenge the results.
Medical Conditions and Medications That Can Affect DUI Tests
Sometimes, medical conditions or medications can cause symptoms that resemble those of intoxication. For example, certain medications, such as antihistamines or painkillers, can make you drowsy or dizzy, affecting your ability to perform field sobriety tests. Some medical conditions, such as diabetes, can also cause symptoms like slurred speech or difficulty maintaining balance, which might be mistaken for signs of intoxication. If you have a medical condition or are on medication that could have influenced your behavior during the arrest, this is something that could be used as a defense.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
Improper BAC Testing and Blood Sample Collection
If a blood test was used to determine your BAC, there are specific procedures that must be followed to ensure the results are accurate. If the blood sample was not properly stored, or if it was contaminated in any way, it could render the results invalid. Similarly, if the blood sample was not collected by a qualified medical professional or if there was a significant delay in testing, this could weaken the evidence against you. In cases like these, the results from the blood test could be challenged, and this could result in a reduction or dismissal of the charges.
The Role of the Prosecutor and the Burden of Proof
In any DUI case, the prosecution is responsible for proving your guilt beyond a reasonable doubt. This is a high standard, and it is the foundation of the criminal justice system. If the prosecution is unable to meet this standard—whether because of unreliable evidence, improper police procedure, or weak testimony—the case against you could fall apart. Your attorney will work to point out any gaps or inconsistencies in the prosecution’s case, which could lead to a favorable outcome.
Plea Bargaining and Possible Reductions in Charges
In some cases, it may be possible to reduce the severity of the charges through a plea bargain. This means that you agree to plead guilty to a lesser offense in exchange for a reduced sentence. For example, you might be able to plea to a lesser charge, such as reckless driving, instead of DUI. This can be a favorable option, especially if the evidence against you is strong. Your attorney can help you explore this option and advise you on whether it’s the best choice for your specific situation.
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Why You Should Work with an Experienced DUI Attorney
When facing a DUI charge in West Virginia, it’s essential to have a strong defense strategy. Your attorney will help you identify the best defense options available to you, whether that’s challenging the traffic stop, disputing the results of the breathalyzer or blood tests, or negotiating a plea deal. DUI laws can be complex, and an experienced lawyer can help you navigate the legal system and give you the best chance at a favorable outcome.
At The Wagner Law Firm, we understand the impact that a DUI charge can have on your life. We are committed to providing compassionate and skilled legal representation to help you through this difficult time. If you are facing a DUI charge, don’t hesitate to reach out. Our team is ready to discuss your case and provide you with the legal guidance you need to protect your rights and future.
If you’ve been charged with a DUI in West Virginia, we are here to help. We understand how frightening it can be to face legal trouble, and we are ready to assist you in navigating the complexities of DUI defense. With our knowledge of DUI laws and our commitment to your case, we can work together to build the best defense possible. Contact The Wagner Law Firm today to schedule a consultation and take the first step toward fighting your DUI charge.