Driving under the influence (DUI) in West Virginia is a serious charge, and when it’s a felony, the stakes are even higher. Facing a felony DUI charge can be overwhelming and worrying for anyone. Understanding what a felony DUI means, along with the defenses you might be able to use, is a crucial step in protecting yourself. DUI laws in West Virginia have strict guidelines, but there are several defenses that may help you fight these charges. At, The Wagner Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
What Is a Felony DUI in West Virginia?
In West Virginia, most DUI charges start as misdemeanors, but certain conditions make them rise to the level of a felony. A DUI becomes a felony when the offense involves severe circumstances that make the case more serious. This can include repeated DUI offenses, a DUI that leads to an accident causing serious injury, or a DUI that results in a death. When facing a felony DUI, the consequences become harsher, with longer jail time, higher fines, and more restrictions on your license. You may also face a criminal record that could impact your ability to find work or keep professional licenses.
A felony DUI is treated more severely than a simple DUI charge. When the court views your case, they will look at factors like whether you’ve had other DUI charges in the past or if anyone else was harmed as a result of your actions. If your situation involves these factors, the penalties may be increased. However, facing a felony DUI doesn’t mean you are out of options.
Potential Defenses Against a Felony DUI Charge
Fighting a felony DUI charge means working with your defense team to identify legal strategies that could make a difference in your case. While each case is unique, there are common defenses that might be effective in certain situations. Knowing these can help you understand what to expect as you move forward.
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Harley Wagner
One of the most important things your lawyer will look into is the way evidence was collected. DUI charges are based on evidence like field sobriety tests, breathalyzer results, and police observations. However, if there were any mistakes made while gathering this evidence, it may be possible to challenge it. Even small mistakes can make a difference in a DUI case, so every detail is worth examining.
Challenging the Validity of Field Sobriety Tests
Field sobriety tests are often one of the first pieces of evidence gathered in a DUI case. These are tests that officers use to observe a person’s balance, coordination, and overall behavior. While officers are trained to conduct these tests, they are not always perfect. Some people may struggle with these tests even if they are completely sober. For example, someone might have difficulty balancing due to medical conditions or issues like anxiety. If there is a way to prove that the test was inaccurate or unfairly conducted, it may be possible to challenge the results.
Another problem with field sobriety tests is that they are often based on the officer’s judgment. People are not always perfect at reading body language, and what one person sees as suspicious behavior might simply be nerves. When it comes to field sobriety tests, the results are open to interpretation, and your defense team may look into whether the test was fair and whether the results are reliable enough to be used in court.
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 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 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
Questioning Breathalyzer Accuracy and Reliability
Breathalyzer tests are another common way that DUI charges are backed up. A breathalyzer measures a person’s blood alcohol concentration (BAC) by having them blow into a machine. In West Virginia, a BAC of 0.08% or higher can lead to a DUI charge. However, breathalyzer machines are not perfect, and there are a number of things that can affect the results.
One issue with breathalyzer tests is that the machines must be calibrated and maintained properly. If a machine has not been serviced recently or was not working properly, it might give an inaccurate reading. Additionally, certain substances in a person’s mouth, such as mouthwash or medications, can impact the results. Your lawyer may examine the machine’s maintenance records or any other issues that could have affected the accuracy of your test results.
Another factor that can impact a breathalyzer’s accuracy is the way it was administered. Breathalyzers must be used according to specific instructions, and if there was any mistake in how the test was given, it could lead to unreliable results. By challenging the reliability of the breathalyzer, your defense team may be able to cast doubt on this important piece of evidence.
Examining the Legality of the Traffic Stop
In any DUI case, how and why the traffic stop happened is very important. For a police officer to stop your vehicle, they must have a legal reason, also known as “probable cause.” Probable cause means the officer needs a valid reason, like seeing the driver swerving or noticing that a taillight is out. If the stop was made without a valid reason, then it may be considered illegal.
If the traffic stop was illegal, any evidence gathered after the stop could be challenged in court. This means that if the officer didn’t have a legitimate reason to pull you over, your case may be weakened. Your lawyer will likely investigate to see if the officer had proper grounds for the stop. If they didn’t, it may be possible to get the charges reduced or even dismissed altogether.
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Providing Alternative Explanations for Behavior
In some DUI cases, police reports mention behavior like slurred speech or an unsteady walk. However, not every sign of impaired behavior is caused by alcohol or drugs. There are several health conditions, medications, and personal issues that can explain these signs. For instance, someone may have slurred speech due to fatigue or medication side effects. Similarly, someone may have an unsteady walk because of a medical condition, not because they are under the influence.
When you face a felony DUI, your defense team may gather evidence that shows an alternative explanation for these behaviors. This could include medical records, witness statements, or even testimonies if necessary. By showing that there is another reason for your actions, you might be able to create reasonable doubt in the case.
Considering Rising BAC as a Defense
Blood alcohol concentration (BAC) is a key part of most DUI cases. However, it’s important to understand that BAC doesn’t stay the same; it rises and falls over time. Rising BAC can be used as a defense if you consumed alcohol right before driving but were pulled over a little later. Your BAC might have been under the legal limit when you were driving, only rising above the limit when the test was taken.
For example, if you had a drink right before you got into the car, your BAC might have been low when you were driving but increased by the time you were given a breathalyzer test. This means you may have been sober enough to drive when you were behind the wheel, even if the test later showed a higher BAC. If your defense team can prove this, it might help in fighting the felony DUI charge.
Case Results
Seeking Lesser Charges
Sometimes, even if you cannot completely avoid a conviction, it may be possible to seek lesser charges. In some cases, your defense team might negotiate with prosecutors to reduce a felony DUI to a misdemeanor charge. This often involves pleading guilty to a lesser offense in exchange for reduced penalties. While this does not mean a complete dismissal, it can make a big difference in your life. Lesser charges usually come with less severe penalties and may not have the same long-term impact as a felony.
The goal of seeking lesser charges is to reduce the damage a felony DUI conviction could cause. Your defense team will look for any opportunity to show that the evidence doesn’t support a felony charge. In some cases, showing that the offense wasn’t as serious as claimed can make it easier to secure a less serious conviction.
Working with a Lawyer to Build a Strong Defense
Fighting a felony DUI charge is complicated, and the penalties are severe. Working with an experienced lawyer is essential in these cases because they understand the legal system and know how to challenge evidence effectively. When your defense team examines the details of your case, they will look for mistakes in evidence gathering, question the accuracy of tests, and see if the traffic stop was legal. By building a defense that raises doubt and challenges weak points in the case, your lawyer can help protect your rights.
A felony DUI charge is difficult, but you have options. From questioning field sobriety and breathalyzer tests to exploring alternative explanations for behavior, a well-planned defense can make a real difference. With the right defense strategy, there may be a way to reduce the charges or secure a less serious outcome.
If you are facing a felony DUI in West Virginia, don’t face it alone. The legal process can be confusing, and the stakes are high. The Wagner Law Firm is ready to stand by your side and fight for your rights. With dedicated defense strategies and an understanding of West Virginia DUI laws, we are here to help you through every step of your case. Contact us today to learn more about how we can help you defend against a felony DUI charge and work toward a better outcome.