Booking After a DUI Arrest: What Happens? 
The Booking Process
When you’re arrested for a DUI on Thanksgiving Eve in West Virginia, the first step is the booking process. This is a standard procedure in which you will be taken into police custody. Booking involves the recording of your personal details such as name, date of birth, address, and other pertinent information. You will also be fingerprinted and photographed, a process known as a mugshot. In addition to the personal details recorded, the police will conduct a sobriety test, which often involves a breathalyzer. If your blood alcohol content (BAC) is found to be 0.08% or higher, you will officially face DUI charges in West Virginia. It’s crucial to note that even if you were arrested for being impaired by drugs, you can still face DUI charges. While you are being booked, police officers will determine if you are a flight risk or a danger to the community. This assessment will influence whether you are held in custody until your first court appearance or if you can be released on bond.
Harley Wagner
Defending West Virginia Residents for over 24 Years
The Importance of Sobriety Testing
One of the key aspects of the DUI arrest is the breathalyzer test, which measures your BAC level. If your BAC is above the legal limit of 0.08%, it will serve as strong evidence against you. However, it’s important to note that West Virginia law allows for the possibility of challenging the accuracy of a breathalyzer test. In some cases, there may be errors in the test or issues with the device that could benefit your case. This is one of the reasons why it’s so important to consult with a DUI attorney who can assess the situation and identify potential defenses.Understanding Bond: What Are Your Options?
What Happens After Booking?
After booking, you will typically have a bond hearing. At this hearing, a judge will determine whether you are eligible for bond and, if so, how much it will be. The bond is set to ensure that you will appear in court at your scheduled arraignment. If the judge deems you a flight risk, they may set a higher bond or even deny bond altogether, especially if you have a history of prior DUI offenses. Bond amounts can vary depending on several factors, including:- Your Criminal History: If this is your first DUI offense, your bond may be lower than if you have a history of repeat offenses.
- Aggravating Circumstances: If your DUI arrest involved aggravating factors such as causing an accident, driving with a child passenger, or having a BAC well above the legal limit (i.e., 0.15% or higher), your bond may be set higher.
- Flight Risk: If the judge believes that you are a flight risk, they may deny bond or impose a high bond.
Types of Bond
In West Virginia, there are different types of bond that may be offered:- Cash Bond: This is when the full amount of the bond must be paid in cash to secure your release. If you appear at your court hearings, you will receive the full amount back, minus any administrative fees. If you fail to appear, the bond is forfeited.
- Surety Bond: If you cannot afford the full bond amount, you may be able to secure a surety bond. This is when a bail bondsman agrees to pay the bond on your behalf for a fee, usually around 10% of the total bond amount. You will be responsible for the fee, and the bail bondsman will assume responsibility for the bond if you fail to appear in court.
- Personal Recognizance Bond: This type of bond may be granted if the judge believes you are not a flight risk and you have no significant criminal history. You will be released without having to pay any bond amount, but you are still required to appear at your court hearings.
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
Your First Court Date: What to Expect at the Arraignment
The Importance of the Arraignment
After you are released from jail, your next step is attending your arraignment, which is typically scheduled within 48 hours of your arrest. The arraignment is your first court appearance, and it is crucial for several reasons.- Reading of the Charges: The judge will formally read the charges against you. This is where you will learn about the specific DUI offense(s) you are accused of committing.
- Entering a Plea: At the arraignment, you will be asked to enter a plea to the charges. You can plead:
- Guilty: If you plead guilty, you are admitting to the DUI charge, and the court will move forward with sentencing.
- Not Guilty: If you plead not guilty, the case will move to trial, and your lawyer will have an opportunity to challenge the prosecution’s evidence and negotiate with the state.
- No Contest: A no contest plea means you are not admitting guilt, but you will not contest the charges. This plea is sometimes used when the evidence is strong, but the defendant wants to avoid admitting guilt.
Why You Should Plead Not Guilty
If you are arrested for DUI, it’s generally recommended to plead not guilty at your arraignment, even if you are somewhat sure of the charges. Pleading not guilty allows your attorney time to review the evidence and negotiate a favorable plea deal or possible reduction of charges. It also gives your attorney time to investigate any issues with the breathalyzer test or other evidence that could benefit your case.Related Videos
What are the penalties for a DUI conviction?
What happens if I'm arrested for a first DUI?
Potential Penalties for a DUI Conviction in West Virginia
First-Time Offenders
For first-time DUI offenders in West Virginia, penalties can range from fines to license suspension, and even jail time in some cases. First-time offenders may face:- Fines: Typically ranging from $100 to $500.
- License Suspension: A first offense can result in a license suspension of 15 days to one year, depending on the severity of the charge and whether the defendant refused to take a breathalyzer test.
- Jail Time: Although jail time is not always mandatory, it can be imposed, especially if aggravating factors exist.
Repeat Offenders and Aggravated DUIs
If you have a history of DUI offenses, or if your DUI involved aggravating circumstances, you will face more severe penalties. Aggravated DUIs, which occur when a driver’s BAC is 0.15% or higher, can result in harsher punishments, including longer license suspensions, mandatory alcohol education programs, and longer jail sentences.Case Results
How a West Virginia DUI Lawyer Can Help
Why You Need Legal Representation
If you’ve been arrested for a DUI in West Virginia, having an experienced DUI defense attorney on your side is essential. A skilled lawyer will help ensure your rights are protected and will guide you through the complex legal process. From investigating the facts of the case to challenging the evidence presented by the prosecution, an attorney can provide invaluable assistance. Some of the ways an attorney can help include:- Evaluating the Breathalyzer Test: If there were any issues with the breathalyzer or testing procedure, an attorney can challenge the results.
- Negotiating Plea Deals: An attorney can work with the prosecution to potentially reduce the charges or penalties.
- Investigating Aggravating Factors: A lawyer can investigate any possible aggravating factors in your case, such as whether the arresting officers followed proper procedures.