When facing such severe allegations as felony DUI charges in West Virginia, understanding the pretrial motions and the possibility of evidence suppression becomes crucial. These legal maneuvers can significantly influence the outcome of a case. At The Wagner Law Firm, we are committed to providing comprehensive legal support to those charged with felony DUI, ensuring that every possible avenue for defense is thoroughly explored.
Pretrial Motions
Pretrial motions are pivotal in shaping the direction of a DUI case before it proceeds to trial. These motions are formal requests made to the court to decide on specific issues that can potentially affect the trial’s outcome. They can address a wide range of concerns, from the admissibility of evidence to procedural matters. One of the primary objectives of pretrial motions in a felony DUI case is to challenge the prosecution’s evidence and seek its exclusion if it was obtained unlawfully.
The suppression of evidence is a cornerstone of pretrial defense strategies. This involves arguing that certain pieces of evidence should not be presented to the jury due to violations of constitutional rights or procedural errors. Successfully suppressing key evidence can weaken the prosecution’s case, sometimes leading to a dismissal or reduction of charges. Common grounds for evidence suppression in DUI cases include unlawful stops, improper administration of sobriety tests, and violations of Miranda rights.
Defending West Virginia Residents for over 24 Years
Harley Wagner
Unlawful Stops
One of the most effective strategies in DUI defense is challenging the legality of the initial traffic stop. The Fourth Amendment protects individuals from unreasonable searches and seizures, which extends to traffic stops. For a stop to be lawful, law enforcement must have reasonable suspicion that a traffic violation or crime has occurred. In many DUI cases, the defense can argue that the officer lacked reasonable suspicion to initiate the stop, rendering any subsequent evidence inadmissible.
For instance, if an officer pulled over a driver without observing any traffic violations or signs of impairment, the stop might be deemed unlawful. Similarly, if the stop was based solely on an anonymous tip without corroboration, it could be challenged. The defense can file a motion to suppress any evidence obtained after an unlawful stop, such as breathalyzer results or statements made by the driver. If the court grants this motion, the prosecution may find it challenging to proceed with the case.
Improper Administration of Sobriety Tests
Field sobriety tests and chemical tests are commonly used to determine impairment in DUI cases. However, the accuracy and reliability of these tests can be contested. Law enforcement officers must adhere to specific protocols when administering sobriety tests. Any deviation from these protocols can be grounds for challenging the test results.
Field sobriety tests, such as the walk-and-turn or one-leg stand, are subjective and can be influenced by various factors, including the individual’s physical condition, weather conditions, and the officer’s instructions. The defense can argue that the tests were improperly administered or that the results were unreliable. Similarly, chemical tests, including breathalyzers and blood tests, must be conducted following strict guidelines. Issues such as improper calibration of breathalyzer devices, contamination of blood samples, or incorrect handling procedures can all be challenged in pretrial motions.
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
Violations of Miranda Rights: Protecting Constitutional Guarantees
The Fifth Amendment guarantees the right against self-incrimination, which is protected through Miranda rights. When a person is taken into custody, law enforcement must inform them of their rights, including the right to remain silent and the right to an attorney. Any statements made by the defendant during a custodial interrogation without being informed of these rights may be inadmissible in court.
In DUI cases, the defense can file a motion to suppress statements made by the defendant if they were not properly Mirandized. For instance, if a driver was questioned about their alcohol consumption or driving behavior without being informed of their Miranda rights, those statements could be excluded from evidence. Suppressing such statements can weaken the prosecution’s case, as admissions or confessions often play a significant role in securing convictions.
Challenging Breathalyzer and Blood Test Results
Breathalyzer and blood test results are often critical pieces of evidence in DUI cases. However, their accuracy and reliability can be contested on various grounds. Breathalyzers must be regularly maintained and calibrated to ensure accurate readings. The defense can request maintenance records and calibration logs to identify any potential issues. Additionally, the officer administering the test must be properly trained and follow specific procedures. Any deviations from these procedures can be challenged in court.
Blood tests, considered more accurate than breathalyzers, are also subject to strict protocols. The defense can examine the chain of custody for blood samples to identify any potential contamination or mishandling. If there are discrepancies in the handling, storage, or analysis of the blood sample, the defense can argue for the exclusion of the test results. Furthermore, medical conditions or medications that could affect blood alcohol levels can also be considered in challenging the results.
What are the penalties for a DUI conviction? What happens if I'm arrested for a first DUI?Related Videos
Exploring Alternative Explanations for Observed Impairment
In some cases, the defense may present alternative explanations for the observed signs of impairment. Medical conditions, fatigue, or even certain medications can mimic the effects of alcohol or drug impairment. For instance, conditions such as diabetes or neurological disorders can cause symptoms that resemble intoxication. The defense can introduce medical evidence or testimony to support these alternative explanations, casting doubt on the prosecution’s case.
Building a Robust Defense Strategy
A comprehensive defense strategy involves a thorough examination of all aspects of the case, from the initial stop to the collection and analysis of evidence. This includes reviewing police reports, dashcam or bodycam footage, and witness statements. Identifying inconsistencies or procedural errors can provide grounds for challenging the prosecution’s evidence.
Furthermore, the defense can file motions to compel the prosecution to disclose all evidence, ensuring that there are no surprises during the trial. This process, known as discovery, allows the defense to review all the evidence the prosecution intends to use and prepare counterarguments. By meticulously scrutinizing the evidence, the defense can identify weaknesses in the prosecution’s case and develop a robust strategy to contest the charges.
The Importance of Legal Representation
Navigating the complexities of a felony DUI charge requires legal representation that is both knowledgeable and experienced in DUI defense. The consequences of a felony DUI conviction can be severe, including lengthy prison sentences, substantial fines, and the long-term impact on one’s personal and professional life. Therefore, it is imperative to have a dedicated defense attorney who can advocate effectively on your behalf.
At The Wagner Law Firm, we understand the gravity of facing a felony DUI charge and are committed to providing vigorous defense strategies tailored to each client’s unique circumstances. Our team is well-versed in West Virginia’s DUI laws and has a proven track record of successfully challenging evidence and securing favorable outcomes for our clients.
Contact The Wagner Law Firm Today
If you or a loved one is facing a felony DUI charge in West Virginia, it is crucial to act swiftly and secure competent legal representation. The legal process can be daunting, but you do not have to navigate it alone. Contact The Wagner Law Firm today to schedule a consultation and discuss your case. We will provide the guidance and support you need to protect your rights and pursue the best possible outcome. Your future is too important to leave to chance — let us help you build a strong defense and fight for your rights.