I was arrested for a DUI after I ran into a tree with a BAC of .25. What should I expect?

Asked over 1 year ago - Harpers Ferry, WV

This is my first offense.

Attorney answers (3)

  1. Harley O. Wagner

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Two tier process in WV on DUI case unlike many states that go primarily through the criminal court system. Issue 1: Criminal Court. Issue 2: License court/WV DMV. Different buidlings. Different dates. Different rules and procedures governing each. --- 1. Criminal Court: Initial hearing notice in mail in 10-14 days outlining Magistrate assigned to case and initial hearing date. IF just happened, initial hearing would around late January. From there the potential is anything from a plea agreement to jury trial and even a motion to dismiss/suppress evidence depending on case fact allegations and quality of state's case. 2. DMV: IF just happened, be about 3-4 weeks and WV DMV will send out reigstered mail notice of suspension, advising of the DMV's intent to suspend license for 45 hard days (no driving privileges at all!) followed by 9 months mandatory interlock installation in vehicle. You have 30 days to respond to this notice to invoke your right to fight that side of case. *There will be a 12 week, 3 hours per once a week, required course for you to enroll on license front as well. Once timely requested, DMV will mail out hearing date, which will be sometime May/June of 2013. Once timely requested perfectly lawful to keep driving until not only hearing but 4-5 months after hearing until decision comes back from Charleston advising winner or loser. Note: Much harder on that side of WV DUI case as rules tilted much more favorably for gov't on administrative license hearing side. Visit WestVirginiaDUILawyers.com for further insight and information. And, totally unwise to take advice from an attorney in another state hundreds of miles away attempting to discuss a West Virginia DUI case. Respectfully, Harley O. Wagner, Esq. - The Wagner Law Firm - West Virginia's premier DUI Defense Firm

  2. Jill Dominique Sinatra

    Contributor Level 9

    1

    Lawyer agrees

    Answered . You can expect to receive a summons in the mail for a preliminary hearing. Given your BAC, you will most likely be charged with aggravated DUI, which carries a mandatory 24 hours - 6 months in jail if this is your first offense. The offense also carries a fine and the DMV will suspend your license. I strongly recommend that you hire an attorney to assist you. WV DUI penalties are very harsh and an experienced attorney should be able to assist you with your defense or in negotiating a plea agreement.

  3. Jim Mitchell Medley

    Contributor Level 15

    1

    Lawyer agrees

    Answered . . . . a whopping headache the next day.

    You can expect strict conditions of bond- maybe ignition interlock requirements.

    Get a good lawyer. With an accident and an alcohol level that high, the court will assume you are a problem drinker and that this is not really your first time. Only first time to get caught.

    Good luck. I hope no one was injured.

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