Felony DUI

The Process of Being Charged with a Felony DUI in West Virginia

Posted on by AccelerateEditor
If you’ve been hit with a felony DUI charge in West Virginia, you’re probably scared. You might be asking yourself what happens next, how serious this is, and what it means for your future. These are not small questions, and the answers can feel like a maze. But you’re not alone. This page will help you understand what happens when someone is charged with a felony DUI in West Virginia and what you can do about it.

What Is a Felony DUI

In West Virginia, not all DUI charges are felonies. Your first and second DUI offenses are usually misdemeanors. But if you’ve been convicted of DUI two times before, a third offense becomes a felony. It can also be a felony if someone was hurt or killed because of the DUI, or if you had a prior DUI that involved drugs or minors in the car. This matters because felony charges come with much higher penalties. Jail time is longer, fines are steeper, and your freedom is on the line.

What Happens Right After the Arrest

After you’re arrested, you’ll be taken to jail and booked. That means your name and fingerprints are taken, and you may spend the night in jail. You’ll also be given a court date. This isn’t just a ticket you pay and forget. A felony DUI charge brings a full criminal case against you. And West Virginia takes that seriously. You’ll need to show up for court, or things will get worse fast.

Facing the Court for the First Time

Your first court visit is called an arraignment. At this hearing, the judge will read the charges against you and ask how you want to plead. You can say guilty, not guilty, or no contest. Most people plead not guilty so they have time to understand their case and plan what to do. The judge may also set bond, which is money you might have to pay to stay out of jail while your case moves forward.
Harley Wagner

Harley Wagner

Defending West Virginia Residents for over 24 Years

  

How the Case Moves Forward

After the arraignment, there are more steps. The state will share its evidence with your lawyer, which is called discovery. You and your lawyer will review this to see what the state can prove. If there are problems with the stop, the test results, or the arrest itself, your lawyer may file motions to try to get parts of the case thrown out. You may also have the chance to agree to a plea deal. This is when the state offers to reduce the charge or punishment if you plead guilty. But for felony DUIs, the deals are often tough. And the risk is high if you go to trial and lose.

What’s at Risk if You’re Found Guilty

A felony DUI can bring years in prison. In West Virginia, a third DUI conviction can mean up to five years behind bars. You may also lose your license for life. And the fines can reach thousands of dollars. On top of that, you could be forced to use an ignition interlock device, go to rehab, and check in with a probation officer. Your job, your home, and your family could all be affected.

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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

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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

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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

Other Ways a Felony DUI Affects Your Life

Even after jail time is served and fines are paid, the effects of a felony DUI can linger. You may find it harder to get a job, rent an apartment, or apply for loans. Some people lose their jobs right after the arrest. And if you drive for a living or need a car to work, losing your license could mean losing your income too.

Why a Lawyer Matters So Much

If you’re facing a felony DUI, trying to handle it alone can make a bad situation worse. There’s too much at stake. The law is strict, the process is confusing, and the penalties are serious. A lawyer who understands DUI laws in West Virginia can help you protect your rights, find problems in the case, and push for the best possible outcome. They may find ways to reduce the charges, fight the evidence, or argue for rehab instead of jail.

What You Can Do Right Now

If you’ve been charged, don’t wait. Every day that goes by without a plan is a day the state is building its case against you. The faster you act, the more options you may have. Keep track of your paperwork. Don’t talk to the police or prosecutor without your lawyer. And make sure you understand every step you’re facing.

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Getting Through the Investigation Process

One part of a felony DUI case that surprises many people is how much the state digs into your past. The prosecutor may look at your old convictions, even those from many years ago. They might also pull your driving record, check for past drug or alcohol issues, and ask about past treatment programs. If this is your third offense, they’ll try to prove that clearly and quickly. This can make you feel like your whole life is being judged. But it also gives your lawyer a chance to question the state’s timeline, the accuracy of records, and whether every step was handled by the book.

When the Case Goes to Trial

Not every felony DUI case goes to trial, but some do. If the plea offers are too harsh, or if you believe the evidence is weak, your lawyer might recommend taking the case in front of a jury. That means preparing for court, selecting jurors, and telling your side of the story. Trials are stressful, but they can also bring the truth to light. Your lawyer will challenge the evidence, cross-examine witnesses, and explain your version of what happened. It’s your chance to be heard. But it’s also risky, which is why it’s important to trust your legal guide.

Case Results

DUI Felony 3rd Offense

Not Guilty

DUI 1st

Not Guilty

Aggravated DUI 1st

Charge Reduced

.08 DUI Causing Death

Case Dismissed

DUI Felony Fleeing / Attempted Murder by Vehicle

All Charges Dismissed

.14 Felony DUI Causing Death Case

Reduced to Misdemeanor

The First Step Toward Getting Your Life Back

Being charged with a felony DUI in West Virginia can feel like the end of the road. But it doesn’t have to be. With the right help, you can take control of your case and start to rebuild. The Wagner Law Firm has helped people across West Virginia who thought their future was lost. If you want someone who knows the law and will fight for your freedom, reach out today. Let’s take the first step together.