Being arrested for a DUI in West Virginia is a serious matter, and the first formal step in the legal process is your arraignment. Understanding what to expect at your DUI arraignment can help you navigate the proceedings with confidence and make informed decisions about your defense. At The Moore Law Firm, PLLC, we are committed to protecting your rights and ensuring you receive the best legal representation possible.
What Is a DUI Arraignment?
A DUI arraignment is your initial court appearance following your arrest. It is where the judge will formally read the charges against you, inform you of your legal rights, and ask how you wish to plead. This hearing sets the stage for your case moving forward and determines the next steps in the legal process.
When and Where Does a DUI Arraignment Take Place?
In West Virginia, the timing and location of your arraignment depend on the jurisdiction where you were arrested. Typically, an arraignment occurs within a few days of your arrest, and it takes place in a magistrate court or circuit court, depending on the severity of your DUI charge.
DUI Arraignment in Morgantown, WV
If you are arrested for DUI in Morgantown, your arraignment will typically take place at the Monongalia County Magistrate Court, located at 75 High Street, Morgantown, WV 26505. If your case is more severe, it may be handled by the Monongalia County Circuit Court, also located in Morgantown. The exact timing of your arraignment will depend on when you were arrested, but it is usually scheduled within a few days.
What to Expect at Your Arraignment
1. Formal Reading of Charges – The judge will read the DUI charge(s) against you and ensure you understand them.
2. Advisement of Rights – You will be informed of your constitutional rights, including your right to an attorney and your right to remain silent.
3. Entering a Plea – You will be asked to plead one of the following:
- Guilty – Admitting to the charges, which may lead to immediate sentencing.
- Not Guilty – Contesting the charges, allowing your case to proceed to pre-trial motions and possibly a trial.
- No Contest (Nolo Contendere) – Neither admitting nor disputing the charges, but accepting the penalties.
4. Bail and Release Conditions – The judge may set bail or impose conditions for your release, such as alcohol monitoring or travel restrictions.
5. Next Court Date – If you plead not guilty, the court will schedule your next hearing, which may be a pre-trial conference or motion hearing.
Do You Need an Attorney for a DUI Arraignment?
It is strongly advised that you have an attorney represent you at your arraignment. A DUI conviction in West Virginia can carry severe penalties, including fines, license suspension, and potential jail time. An experienced DUI attorney can:
- Advise you on the best plea option.
- Negotiate bail conditions.
- Begin building your defense strategy immediately.
Potential Penalties for DUI in West Virginia
The penalties for a DUI conviction in West Virginia depend on factors such as blood alcohol concentration (BAC), prior offenses, and whether any aggravating circumstances exist (e.g., accidents or injuries). Potential consequences include:
- First Offense – Up to six months in jail, fines of $100–$500, and a 15-day license suspension.
- Second Offense – Five days to one year in jail, fines of $1,000–$3,000, and a one-year license revocation.
- Third Offense (Felony DUI) – One to three years in prison, fines of $3,000–$5,000, and lifetime license revocation.
How The Moore Law Firm, PLLC Can Help
At The Moore Law Firm, PLLC, we understand the stress and uncertainty that come with a DUI charge. Our skilled attorneys will thoroughly examine your case, challenge any procedural errors, and fight for the best possible outcome. Whether it’s negotiating reduced charges or taking your case to trial, we are dedicated to protecting your future.
If you or a loved one is facing a DUI charge in West Virginia, don’t navigate the legal system alone. Contact The Moore Law Firm, PLLC
for a free consultation, and let us help you build a strong defense. Call us at (304) 521-2451 to schedule your consultation today.