When facing a felony DUI charge in West Virginia, it is natural to feel worried and unsure about what the court process will look like. The journey through the legal system in a DUI case involves various steps, each with its own rules and expectations. Knowing what to expect in court can help you feel more prepared as you go through this challenging process. This type of case carries serious consequences that can affect many parts of your life, so understanding what happens in court and what is required at each step can be very helpful.

Felony DUI cases are treated more seriously than misdemeanor cases. Felony DUI charges often apply when a person has had multiple DUI convictions, was involved in a DUI that caused severe injury or death, or had other major factors involved. Because these cases carry harsher punishments, such as longer jail time and larger fines, the process in court will involve careful review and detailed procedures. This means that the hearings and steps in your case may take longer and require more planning. Having a general idea of each stage will help you stay organized and reduce the confusion about what lies ahead in court. At, The Wagner Law Firm, we are here to guide you through the legal process and help you navigate the complexities of your case.

The Initial Court Appearance

The first court appearance in a felony DUI case in West Virginia is called an arraignment. The arraignment is a short court session where the judge officially reads the charges against you. The judge will ask if you understand these charges and will ask how you wish to plead. You can plead guilty, not guilty, or sometimes no contest. At this stage, it is often best to plead not guilty, even if you are considering accepting responsibility later. Pleading not guilty allows you and your lawyer more time to examine the evidence and explore any possible defense options. During the arraignment, the judge may also discuss bail. Bail is a financial arrangement that allows you to stay out of jail while waiting for your trial. The amount of bail depends on many factors, including whether you are considered a flight risk or if you have a record of not appearing in court. The judge will set the bail amount if it applies to your case, and you or your family can arrange to pay it. If you cannot afford bail, you may need to stay in jail until your trial begins. The arraignment is a critical part of your case, as it sets the tone for how the process will move forward.

Harley Wagner

Defending West Virginia Residents for over 24 Years

Understanding Pretrial Motions and Hearings

After the arraignment, your case will move to the pretrial phase. During this stage, your attorney may file several motions, which are legal requests made to the court. For example, a common motion in a felony DUI case is a motion to suppress evidence. If certain evidence was gathered in a way that violated your rights, your lawyer might ask the court to exclude it from the trial. If the judge grants this motion, that evidence cannot be used against you, which can sometimes weaken the prosecution’s case. The pretrial phase is also when the discovery process happens. Discovery is when both your defense attorney and the prosecutor exchange evidence and information about the case. This process allows both sides to prepare for the trial by understanding the evidence that will be presented. Discovery may include police reports, witness statements, breathalyzer or blood test results, and any video or audio recordings that may have been taken during your arrest. Knowing what evidence the prosecution has can help your defense attorney build a solid strategy for trial or potentially negotiate a favorable plea deal.

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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

Plea Bargains and the Possibility of Avoiding Trial

In many felony DUI cases, the prosecution may offer a plea bargain. A plea bargain is an agreement in which you agree to plead guilty to a lesser charge or accept a certain sentence in exchange for avoiding a trial. In some cases, the prosecution may offer a deal that reduces the felony charge to a misdemeanor or lowers the possible sentence. Plea bargains are common in criminal cases, as they can save both time and money for the court system. Accepting a plea deal may be an option worth considering, but only after discussing it thoroughly with your attorney to make sure it aligns with your goals. A plea bargain is not always the right choice, however. While it can provide a quicker resolution and sometimes a reduced sentence, it also means that you give up your right to a trial. If the evidence against you is weak or there are significant flaws in how the police handled your case, your attorney may advise you to proceed to trial instead. This decision depends on many factors, including your criminal history, the strength of the prosecution’s case, and the potential penalties. Your attorney will help you evaluate the benefits and risks of accepting a plea versus going to trial, allowing you to make an informed decision.

Preparing for the Trial

If you decide to proceed to trial, your lawyer will start preparing for your case thoroughly. This preparation includes interviewing witnesses, reviewing all evidence, and creating arguments that challenge the prosecution’s case. Trials can take time to prepare, as every detail matters in a felony DUI case. Your attorney will plan each part of the case to present a clear and convincing argument on your behalf. A felony DUI trial usually includes several parts. It begins with jury selection, where a group of potential jurors is chosen to hear the case. The goal is to find a fair jury that does not have biases against you or preconceived ideas about DUI cases. Once the jury is selected, both the prosecution and your attorney will give opening statements, where each side briefly outlines what they intend to prove in the trial. From there, the prosecution will present its case, including witnesses, police officers, and possibly specialists to explain any test results. After the prosecution’s case, your attorney will have the opportunity to present your defense.

Presenting Your Defense

The defense part of the trial is your attorney’s chance to present evidence and arguments that show your side of the story. Your lawyer may cross-examine the prosecution’s witnesses to challenge their credibility or point out inconsistencies in their testimonies. This step is important in raising doubt in the minds of the jurors. In a felony DUI case, the defense may focus on questioning the accuracy of the evidence, such as breathalyzer or blood test results, or argue that there was a violation of your rights during the arrest. Depending on the case, your attorney may also bring in witnesses to support your defense. This might include character witnesses who can speak to your background or other individuals who can provide relevant information to the case. Your defense attorney will carefully consider what evidence to present, as it must align with the overall strategy for the case. The goal is to create reasonable doubt about your guilt, which could result in an acquittal.

Closing Arguments and Jury Deliberation

Once both sides have presented their cases, the trial will move to closing arguments. This is the final opportunity for your attorney and the prosecutor to address the jury and summarize their points. In closing arguments, your attorney will highlight any weaknesses in the prosecution’s case and reinforce the points made in your defense. Closing arguments are intended to leave a lasting impression on the jury, as they will soon begin their deliberations. After closing arguments, the jury will be given instructions by the judge on how to deliberate. This is when the jury meets privately to discuss the case and decide if you are guilty or not guilty. The jury’s decision must be unanimous in a felony case, which means that all jurors must agree on the verdict. If they cannot agree, the result is a hung jury, which may lead to a mistrial and possibly a new trial. Jury deliberation times vary; it could take a few hours or several days before the jury reaches a verdict.

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

View More Results

The Verdict and Sentencing

The verdict is one of the most critical moments in your felony DUI trial. If the jury finds you not guilty, you will be acquitted of the charges, and the case is over. However, if the jury finds you guilty, the next phase is sentencing. In some cases, sentencing happens immediately after the verdict, while in others, it is scheduled for a later date. Sentencing in a felony DUI case in West Virginia may include jail time, probation, fines, and possibly the loss of your driver’s license for an extended period. During sentencing, the judge considers many factors, such as your criminal record, the details of the case, and any statements made by you or your attorney. Your attorney may request a lighter sentence by highlighting positive aspects about you or arguing that harsh punishment is unnecessary. However, the ultimate decision rests with the judge. If you are unhappy with the outcome, you may have the right to appeal, which your attorney can explain in detail. Facing a felony DUI charge in West Virginia is a serious situation that requires strong legal support. Each part of the court process can be intimidating and stressful, from the initial arraignment to the final sentencing. It is crucial to have a lawyer who can guide you through each step, answer your questions, and help you understand your options. Whether you end up accepting a plea deal or going to trial, a knowledgeable attorney can make a significant difference in the outcome of your case. If you are dealing with a felony DUI case, The Wagner Law Firm is here to provide the guidance and support you need. We understand the complexities of DUI law in West Virginia and are dedicated to helping our clients navigate the legal system with confidence. Contact us today to discuss your case and learn how we can help you protect your rights and pursue the best possible outcome in your DUI case.

(304) 461-6000

Felony DUI