Getting arrested for a felony DUI in West Virginia is scary. You may feel confused, angry, or unsure of what will happen next. It’s important to take a deep breath and stay calm. What you do in the hours and days after your arrest can make a big difference in your case. This page will guide you step by step on what to do right away so you don’t make things worse.
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.
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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.
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Understand the Possible Punishment
Felony DUI charges carry heavy penalties in West Virginia. If it is your third offense, you could face up to five years in prison. If someone was hurt, the sentence could be even longer. You may have to pay big fines. You could also lose your job, your car insurance, and even your home. Understanding what’s at stake shows why getting the right help fast is so important.
Let Your Lawyer Handle the Tough Stuff
Your lawyer is your best tool right now. They can look at the police reports, the video from your arrest, and the results of any tests you took. They can check if the stop was legal, if the tests were done right, and if your rights were respected. A good lawyer can talk to the prosecutor to try to get your charges reduced or even dropped. They can also talk for you in court so you don’t say something that could hurt your case.
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Don’t Try to Handle This Alone
Some people think they can just show up to court and say sorry. But felony DUI charges are very serious. Going to court alone without knowing the law can lead to jail. You may not even understand the full impact of what you are agreeing to. That’s why you need someone who knows what the law says and how the system works in West Virginia. Every case is different, and you need help that fits your case.
Stay Away From Bad Influences
After your arrest, it’s a good idea to avoid the people and places that got you into trouble. If you were at a party or bar, don’t go back. If your friends drink and drive, it’s time to stay away from them. This is your chance to make a change. The court will notice if you are trying to do better. Show that you care about your future and that you want to stay out of trouble.
Talk With Your Family
Your family might be scared or upset about your arrest. They may not know what to say. But you need their help right now. Be honest with them. Tell them you are working with a lawyer and that you want to fix this. Their support can help you stay on the right path. They may also be able to help you get to court, pay bills, or attend meetings if you need to stop driving.
Plan for the Future
Even if you are scared right now, try to look ahead. Getting through this arrest and court case will take time and effort. But you can do it. Many people have faced felony DUI charges and turned their lives around. It starts with doing the right things now. Stay focused. Follow your lawyer’s advice. Keep showing up. And don’t give up on yourself.
Your Next Step Starts Now
If you were arrested for a felony DUI in West Virginia, the time to act is now. What you do today can affect what happens next. You don’t have to go through this alone. The Wagner Law Firm has helped many people just like you. We know what it takes to fight DUI charges in West Virginia. We can help protect your future. Call us today to schedule your free case review and take the first step toward getting your life back on track.