What Happens If You Are Charged with Felony DUI in West Virginia?
Being arrested and charged with driving under the influence (DUI) is a serious matter in West Virginia, but if you’re facing a felony DUI charge, the stakes are even higher. A felony DUI conviction can have life-altering consequences, including lengthy jail time, hefty fines, and a permanent criminal record that can affect every aspect of your life.
At Frank Walker Law, we know how overwhelming it can be to face such a severe charge. In this blog post, we’ll explain what constitutes a felony DUI in West Virginia, the potential consequences you may face, and how an experienced criminal defense attorney can help you navigate the legal process.
What Is a Felony DUI in West Virginia?
In West Virginia, a DUI charge typically refers to operating a vehicle while impaired by alcohol or drugs. A first offense DUI is generally classified as a misdemeanor, but under certain circumstances, it can escalate to a felony DUI.
Here are some common situations where a DUI charge may be upgraded to a felony:
Fourth DUI Offense: In West Virginia, if you have been convicted of DUI three times previously within the past 10 years, a subsequent DUI charge will be considered a felony. This means that even if you have one prior DUI conviction, another one could carry a felony charge, leading to much more severe penalties.
DUI with Serious Injury or Death: If you are involved in a DUI accident that causes serious injury or death to another person, you could face a felony DUI charge under the state's vehicular homicide or vehicular assault laws. Even if the accident was unintentional, the DUI charge could lead to felony-level charges if the injuries or death occurred as a result of your impaired driving.
DUI with a Child Passenger: Driving under the influence with a minor passenger in the vehicle can lead to a felony charge, even if it’s your first offense. This is a particularly serious situation as it involves both impaired driving and the safety of a child.
Penalties for Felony DUI in West Virginia
A felony DUI conviction in West Virginia carries severe penalties that can drastically affect your life. The penalties depend on the specifics of the charge, but here’s an overview of what you may face if convicted:
1. Jail Time
A felony DUI conviction can lead to a lengthy prison sentence, which can vary based on the severity of the situation:
Fourth Offense DUI: This may result in 1 to 3 years of imprisonment, with the possibility of parole depending on the circumstances.
Vehicular Homicide or Assault: If you cause serious injury or death while driving under the influence, you could face 1 to 10 years in prison, depending on the circumstances and whether there are any aggravating or mitigating factors.
Child Passenger DUI: If you are charged with DUI with a child passenger, you could face up to 3 years in prison, and the child endangerment aspect adds another layer of serious legal consequences.
2. Fines
In addition to jail time, you may also face steep fines, which can range from several thousand dollars to tens of thousands of dollars, depending on the offense.
Fourth Offense DUI: Fines can range from $1,000 to $5,000.
Vehicular Homicide or Assault: Fines for these offenses can be significant, potentially up to $10,000 or more.
3. License Suspension or Revocation
A felony DUI conviction almost always results in the revocation of your driver's license. In West Virginia, the length of time your license is suspended or revoked will depend on the specifics of the charge:
Fourth Offense DUI: Your license may be revoked for life, and in some cases, you may be required to complete an alcohol treatment program before being considered for a restricted license.
Vehicular Homicide or Assault: In addition to a lengthy license suspension, you may face other restrictions, such as the installation of an ignition interlock device upon any future reinstatement.
4. Probation and Community Service
If you are not sentenced to jail time, you may face probation or be required to complete community service hours. In cases involving serious injury or death, probation might not be an option.
5. Permanent Criminal Record
A felony DUI conviction results in a permanent criminal record, which can affect future employment, housing opportunities, and the ability to obtain loans or financial assistance. The stigma of a felony conviction can have long-term consequences, even after you’ve served your sentence.
Defending Against a Felony DUI Charge
If you are charged with felony DUI in West Virginia, it’s important to know that you have legal defenses available to challenge the charge. The criminal defense team at Frank Walker Law can help you evaluate the specifics of your case and work to build a strong defense strategy. Here are some possible defenses:
1. Challenging the Stop
In many DUI cases, the first step is determining whether the police had a valid reason to stop your vehicle. If the officer did not have reasonable suspicion or probable cause to pull you over, any evidence obtained after the stop could be inadmissible.
2. Challenging the Field Sobriety Tests
Field sobriety tests are often subjective, and errors can occur during their administration. If the tests were conducted improperly, or if there were valid reasons (e.g., medical conditions) for poor performance, we can argue that the results were unreliable.
3. Challenging the Breathalyzer or Blood Test Results
Breathalyzer or blood tests are commonly used in DUI cases to determine blood alcohol content (BAC), but these tests can be flawed due to improper calibration, faulty equipment, or mistakes in the testing process. We may challenge the accuracy of the results to weaken the prosecution’s case.
4. Plea Bargaining
In some cases, it may be possible to negotiate a plea bargain with the prosecution. This could involve reducing the charge from felony DUI to a lesser offense, such as misdemeanor DUI, or seeking alternative sentencing options like rehabilitation or community service.
What to Do If You Are Charged with Felony DUI
If you’ve been charged with felony DUI in West Virginia, it’s critical to take immediate action. Here are the first steps you should take:
Contact an Experienced DUI Defense Attorney: As soon as possible, contact Frank Walker Law. A criminal defense attorney with experience in DUI cases can help you navigate the legal process and protect your rights.
Do Not Make Incriminating Statements: Anything you say to law enforcement could be used against you in court. Exercise your right to remain silent until you’ve consulted with an attorney.
Gather Evidence: If possible, collect any evidence that could help your case, such as witness statements, dashcam footage, or medical records.
Prepare for Court: Work with your attorney to prepare a solid defense strategy. Whether we challenge the evidence or negotiate a plea deal, we will fight to achieve the best possible outcome for you.
Contact Frank Walker Law for Help with Your Felony DUI Charge
Facing a felony DUI charge in West Virginia can feel overwhelming, but with the right legal help, you can defend your rights and work toward minimizing the consequences. Frank Walker Law has extensive experience handling DUI cases, and we are committed to providing aggressive, compassionate representation for clients across the state.
Don’t face this charge alone—contact us today or schedule a free consultation online. Let us help you navigate this challenging time and work toward a positive resolution for your case.
About Frank Walker Law
Attorney Frank Walker of Frank Walker Law is a National Top 100 Criminal Defense Lawyer, and Personal Injury Attorney who has been recognized as a Super Lawyer, a member of the National College for DUI Defense, Best Attorneys in America, Best Law firms of America, America’s Greatest Attorneys, and a Top AVVO Rated attorney, with offices in Pittsburgh Pennsylvania and Morgantown West Virginia.
Additionally, you can find Attorney Walker on YouTube, TikTok, the Pittsburgh Attorney Podcast and the West Virginia Attorney Podcast, where he gives legal tips (not advice!) and discusses the pressing legal issues of the day.
If you or someone you love are facing criminal charges or are seriously injured in an accident, contact Attorney Frank Walker immediately at 412-532-6805 (Pittsburgh), 304-413-0179 (Morgantown), 24 hours a day, 7 days a week for aggressive and experienced Criminal Defense or Representation in a Civil Case.