If an immediate hearing date has been provided you enter a plea of not guilty and advise court wish to hire private dui defense counsel of your choice. They'll provided an initial hearing date down the road.
If no immediate date, let your dui defense attorney handle all necessary matters related to your case.
As for case, in WV, so long as facts and circumstances suggest only way you got where you're at is to have recently driven, they need not actually see you drive.
So, fact they didn't is an issue but does not remotely make your scenario go away because of it.
I suggest you seek to speak to an experienced, well trained West Virginia dui defense attorney ASAP.
Harley O. Wagner, Esq.
As Harley said, the cops don't necessarily need to catch you in the car if the circumstances suggest that you were drinking prior to driving your vehicle to that location. The only argument you could make is that you were drinking AFTER your car broke down while you were sitting and waiting for someone to help you push it out of the road. I don't think that'll fly, unless you had a bottle/can of booze in your hand when the cops rolled up. However, this is one of the fun things about DUI defense is that there are so many different ways a case could go. I'd definitely seek counsel, either retained or appointed.
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