Super Lawyers
Expertise 2020
Expertise 2021
Avvo Rating 10
Avvo Clients' Choice
National College for DUI Defense
Lead Counsel
Top 40
PACDL
NAOCDL

Court Process in Wheeling, WV: DUI Court Dates, Arraignment & Final Plea

The DUI court timeline in West Virginia initiates the moment you are officially charged with driving under the influence. Law enforcement will perform a detailed investigation at the scene. They will examine your speech patterns, check the color of your eyes, look for the odor of alcohol or drugs, and administer standard field sobriety tests. If these evaluations reveal that your blood alcohol concentration (BAC) limit exceeds the legal threshold, you will face an immediate arrest for a DUI offense. Following the arrest, you might be held in custody in accordance with standard legal procedures, or you may be released after posting a bond that guarantees your appearance for future court dates.

What Happens During a DUI Arraignment?

An arraignment is the initial legal proceeding where you are brought before a judge. During this hearing, the judge formally reads your constitutional rights and the specific charges filed against you. At this particular stage, you will be asked to enter a plea of guilty or not guilty. This event usually takes place shortly after your arrest in West Virginia, typically in the lower Marshall County court. Often, this happens before you have even had the chance to retain a Wheeling criminal lawyer to represent your interests.

Filing Pre-Trial Motions and Plea Bargains

Prior to the start of the actual trial, both the defense and state prosecutors must file pre-trial motions to establish boundaries for the upcoming legal proceedings. These motions dictate critical aspects of the case:

  • What specific evidence can be admitted or excluded.
  • Which witnesses are permitted to testify.
  • Whether the case should proceed to trial or be dismissed entirely.

During this pre-trial phase, the prosecution might offer a plea deal. Having a skilled Wheeling DUI attorney by your side is vital here, as they can help you evaluate whether accepting a plea agreement is in your best interest. You might be offered a lesser plea or be placed on probation instead of facing mandatory jail time. The legal professionals at the Mountaineer Criminal Law Group can guide you toward the most favorable decision.

The Trial Procedure for a DUI Case

If your case advances to trial, jury selection is the immediate next step. Your Wheeling criminal lawyer will question potential jurors to determine their suitability, and the prosecution will do the same. Once the jury is impaneled, the formal proceedings commence. The trial starts with both attorneys delivering their opening statements. Next, the state calls its witnesses and presents evidence. The defense then conducts a thorough cross-examination of these witnesses, which is followed by any rebuttal from the prosecution. Finally, both sides present closing arguments before the judge dismisses the jury for deliberations.

The Final Outcome and Verdict

The jurors will deliberate in private, discussing the facts and evidence presented during the trial. They will then announce their final verdict and decide the punishment that aligns with that decision.

If you are stressed and dealing with the severe consequences of DUI charges, contact a Wheeling DUI attorney immediately. At Mountaineer Criminal Law Group, we conduct comprehensive research and work tirelessly to build the strongest possible defense for your case. You will never have to face the justice system alone. Call us today at (304) 832-8350 to arrange a free consultation at our office or any other location in West Virginia. We support our clients through complicated situations, ensuring your charges are minimized or dismissed.

Client Reviews

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Sean is the best criminal defense lawyer ever! He answered all questions and returned all calls and texts. He was informed. He was attentive and got us an outcome that we never expected! Want someone who will fight for you and protect your rights? If yes, then Sean Logue is the attorney you want on...

Former Client

Attorney Logue represented me well and took care of my legal issues superbly. He is a no-nonsense, very knowledgeable and well respected lawyer. I was pleased with his services. Would definitely recommend Attorney Logue to others.

Former Client

After fighting a ticket from hell that cost me my job, thousands in debt from having no job and threatening my present career, Sean Logue stepped in and the case was dismissed. It's a huge relief to have his professionalism and know-how in your corner!

Former Client

Fill Out Our Contact Form