Understand Why It’s a Felony DUI
Not all DUIs in West Virginia are felonies. A first or even second DUI is usually a misdemeanor. But if this is your third DUI in ten years, or if someone got hurt or died, the charge becomes a felony. Felony charges are more serious and can lead to longer jail time and bigger fines. You can also lose your driver’s license for a very long time. Knowing this helps you understand why your next steps matter so much.Do Not Argue With the Police
Once you are pulled over or arrested, do not fight with the police. Stay quiet. Be polite. Do not try to explain your side or say you are not drunk. Anything you say can be used against you. Even saying too much or sounding confused can hurt your case. The best thing to do is stay silent unless your lawyer is with you. You have the right to stay silent. Use that right.Ask for a Lawyer Right Away
After your arrest, ask for a lawyer right away. Don’t wait. Don’t guess what to do. A lawyer will know how to protect your rights and can stop you from making mistakes. The police might try to ask you questions. They may seem friendly. They may say it will help if you talk. Don’t fall for that. Always wait until your lawyer is present before answering anything.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Do Not Talk About the Arrest on Social Media
It might feel good to tell your side of the story on Facebook, Snapchat, or Instagram. But posting about your arrest can cause more harm. Your posts and photos can be used as proof in court. Even if your account is private, the police may still get that information. Stay off social media until your case is over. It’s better to stay quiet than to say something that could hurt your case later.Write Down Everything You Remember
As soon as you can, write down what happened. Start from the moment the police pulled you over or came to talk to you. Write down what they said and did. Think about where you were, how much you had to drink, and who was with you. These notes will help your lawyer. Don’t share them with anyone else except your lawyer. These details may become very important in your 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
Go to All Your Court Dates
Once you are charged, you will be given a date to go to court. This is called an arraignment. Do not miss this date. If you don’t show up, a warrant could be issued for your arrest. After that, there may be more court dates. Write them down. Set reminders. Always be on time. Dress neat. Be respectful to the judge and others. Showing that you are responsible can help your case.Protect Your Driver’s License
After a felony DUI arrest, the West Virginia DMV can take away your license. You have only a short time to try to stop that. You may be able to ask for a hearing to keep your license while your case goes on. This hearing is separate from your court case. Your lawyer can help you request the hearing and fight to keep your license. Don’t wait. You only have a few days after your arrest to act.Follow All Conditions of Your Release
If the court lets you go home while you wait for your next court date, they may give you rules to follow. These rules might include not drinking alcohol, not driving, or checking in with a probation officer. Follow these rules closely. If you break them, you could go back to jail. That will hurt your case. Staying out of trouble shows the court that you are taking the charges seriously.Start Thinking About Treatment
If your DUI involved drugs or alcohol, the court may want to see that you are getting help. You don’t have to wait until you’re ordered to go to treatment. Taking the first step on your own can look good in court. You might want to join a local AA group or take a substance abuse class. This can also help you stay out of trouble and begin to turn your life around.Related Videos
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