Like any other state in the United States of America , driving under influence of alcohol or drugs is illegal in West Virginia . However, in West Virginia both DWI and DUI arrests are met with two separate legal actions.

The first action is a criminal charge against the person arrested for suspected drunk driving. Since this is a criminal case, the offender can land in jail if his case is not properly defended in the court. Other than being sent into jail, an offender may also be asked to pay a fine, or his license may be revoked or suspended. Additionally, the state of West Virginia requires that defendants are represented with a lawyer, and in this case, a specialized DUI lawyer is a really good idea.

The second action comes from West Virginia ’s Motor Vehicles Division. Unlike the previous one, this is not a criminal case. However, this will put your driver’s license in danger. This case is independent and does not, in any way, affect the proceeding in the separate criminal case filed by State of West Virginia .

West Virginia DWI cases are some of the most crucial in the United States . With two equally-challenging cases against an offender, it is very important to hire a DUI lawyer who is competent enough to represent your case in the criminal courts and to defend you in the Motor Vehicle division as well.

Because of the fact that DUI cases have grown to be very sensitive and controversial over the past years, a specialized legal field has developed. Although by nature, all criminal lawyers are allowed to defend DUI cases more and more offenders prefer to resort to a DUI lawyer who has the specialized knowledge required to defend the case. There are actually plenty of West Virginia lawyers that are specializing in cases like these, and a bit of searching is all it takes to find one right for you.

When you are looking for the right lawyer, be sure to find one with a great case history. Ensure that you get a lawyer who has a payment schedule you can meet and do not forget to get a lawyer you can actually talk to. You want someone who is understanding enough to listen to your side of the case and convert your testimony into a win for you.

During the course of the court proceedings, the prosecuting attorney will usually try to prove that the offender, at the time of the arrest, was physically incapable and mentally impaired because of the alcohol or drugs in his system. Usually, the testimony of the arresting officer will be given more weight on the case. The arresting officer will most likely be asked about the offender's manner of driving and driving speed among other things. Evidence will be presented about the offender’s blood alcohol levels based on the results of a breathalyzer, field sobriety, or blood test taken at the scene of the accident.

However, although sobriety or breath tests are necessary to support a claim in the court, it does not necessarily guarantee conviction from a DUI or DWI case. If the offender has a competent and experienced defense lawyer, several other reasons are available to rule these things out. The bottom line in cases like these is that if you have a good attorney nearly anything is possible in your court case.

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