The West Virginia DUI / DWI Arrest and Court Processes

Below are general descriptions of the main processes that occur in every West Virgina drunk driving case. It is important to keep in mind that different counties and courts throughout WV may have slightly different local customs and procedures. For that reason is important to contact a qualified West Virginia DUI lawyer who is familiar with the process

When a driver is stopped by a police officer for any reason, the officer will begin looking for signs that the driver is under the influence. These might include slurred speech, alcohol on the driver's breath or clothes, or the results of a portable breath test. If the officer believes that there's a good reason to think the driver is under the influence, the officer will arrest him or her. After anyone charged with a crime in West Virginia is arrested, the police officers who arrest him or her are required to inform him or her of the charges against him or her and bring the defendant before a judge or magistrate. Typically, this must be done within 48 hours of the arrest, but there is an exception if the State can demonstrate that unusual or emergency circumstances require a longer time. In West Virginia, most misdemeanor offenses are tried in magistrate courts, while felonies are tried in circuit courts. If a driver is charged with a misdemeanor offense, the magistrate court will typically proceed directly to trial, while in a circuit court, the defendant has the right to a preliminary hearing first. Unlike most states, the police may not choose to release defendants who are charged with misdemeanor DUI offenses with a citation and are required to bring the defendant before a magistrate.

The West Virginia DUI / DWI Pretrial Court Process

Every defendant who cannot afford an attorney is entitled to have one appointed for him or her for every stage starting with the initial appearance and continuing through appeal. When the defendant appears in court, the judge will first tell the defendant about the charges facing him or her and the punishments that are possible for a conviction. If the defendant hasn't already been released, it's usually at this point that the court will consider whether to release the defendant on bail before the trial. Bail will probably be granted in DUI cases in West Virginia, but the court can require various things from the defendant before allowing him or her to be released on bail, ranging from a promise to appear (which is known as "release upon one's own recognizances") to restrictions on the defendant's behavior, to a bond which the defendant must forfeit to the court if he or she fails to appear when called. In circuit court, the court will next conduct a preliminary examination to determine whether a crime has been committed and whether the defendant is probably guilty of that crime. At this proceeding, the State will present witnesses and evidence which the defendant can challenge or refute with witnesses or evidence of his or her own, but certain objections (such as evidence obtained by an illegal search or interrogation) to the State's evidence cannot be raised. If the court concludes that the defendant probably is guilty of the crime he or she is charged with, the defendant will have to plead guilty or go to trial. Usually, the next step is a formal arraignment in which the document which contains the official record of the charges against the defendant will be read aloud and entered into the official court record, along with the defendant's plea.  The defendant must plead guilty, not guilty, or no contest to the charges. If the defendant pleads not guilty, the case will go to trial.

The Criminal Trial Process In WV DWI / DUI Cases

The defendant has the right to a jury trial in both magistrate and circuit courts, but he or she must request one in writing within 20 days of the first appearance in magistrate court. Magistrate courts use juries of 6, while circuit courts use juries of 12. Trial begins with the selection of the jury from a panel of potential jurors and the defendant may participate in the process of selecting them. Once the jury is selected and sworn, both the prosecution and the defense will give an opening statement. The State will present its witnesses and evidence, and the defense may challenge the State's case by cross-examining State witnesses. The defense may put on a case of its own or may rely on the burden on the prosecution to prove the defendant guilty beyond a reasonable doubt. If the case was tried in a magistrate court, the defendant has a right to appeal to the circuit court within 20 days.