I HAVE BEEN ARRESTED FOR DUI – NOW WHAT?

An arrest for driving under the influence in West Virginia can trigger a confusing and complicated series of events that often results in more questions than answers. Most drivers are arraigned by video and released within 24 hours of their arrest. At the arraignment, the Magistrate typically informs drivers of their many rights, including the right to a jury trial and the right to secure counsel. Once released from jail, the question becomes – what next?

In a nutshell, a driver arrested for DUI in West Virginia has twenty days to request a jury trial in writing at the magistrate court. Likewise, the deadline for requesting entry into the Deferral Program is only thirty days post-arrest. These are just a few of the many deadlines which typically come and go long before the first court date.

Moreover, a driver can expect a certified letter from the West Virginia Division of Motor Vehicles to be mailed to whatever address is listed on the individual’s license a few weeks after the arrest. There are several options which must be weighed when deciding what course of action to take after the order of revocation is mailed by the West Virginia DMV. Failure to timely take action after this letter is mailed can result in the immediate loss of driving privileges.

If you have been arrested for DUI in West Virginia, it is critical to take action immediately. Do not wait until your first hearing date in magistrate court to make a decision on what course of action to take. It is critical that you speak to an attorney familiar with the laws governing driving under the influence in West Virginia.

At Zerbe & Pence PLLC, we offer a free consultation to any citizen charged with driving under the influence in West Virginia. In a West Virginia DUI case, the failure to act early typically results in longer revocation periods at the DMV and an increased potential for conviction at the magistrate court.