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Arrested for a DUI Involving an Accident in West Virginia? Here’s What to Do

Frank C. Walker II Feb. 16, 2025

A DUI arrest is always a serious matter, but when it involves an accident, the stakes are even higher. In West Virginia, driving under the influence (DUI) is a criminal offense with severe penalties, and if an accident occurs, you could face additional charges such as property damage, injury, or even vehicular manslaughter. If you’ve been arrested for a DUI involving an accident, it’s crucial to take immediate steps to protect your rights and your future.

Attorney Frank Walker of Frank Walker Law has extensive experience defending clients against DUI charges in West Virginia. Here are the steps you should follow if you’ve been arrested for a DUI involving an accident.

Step 1: Remain Calm and Cooperate with Law Enforcement

Getting arrested can be overwhelming, especially in the aftermath of an accident. However, it’s important to stay calm and cooperate with law enforcement. Resisting arrest or arguing with officers can worsen your situation and lead to additional charges. Provide your name, license, registration, and insurance information as required, but avoid volunteering any additional information about the incident.

Step 2: Exercise Your Right to Remain Silent

You have the right to remain silent, and it’s critical to use this right. Anything you say can and will be used against you in court. Politely decline to answer any questions without your attorney present. This includes questions about how much you’ve had to drink, when you last ate, or where you were coming from. Save those details for your attorney.

Step 3: Request an Attorney Immediately

One of the most important steps you can take is to request an attorney as soon as possible. An experienced DUI defense attorney, like Frank Walker, can help you navigate the legal process, protect your rights, and build a strong defense. Don’t delay in securing legal representation—time is of the essence in DUI cases.

Step 4: Document the Incident

If possible, take mental notes of the events leading up to your arrest. Was there a breathalyzer or field sobriety test? Did the officers follow proper procedures? Were there any witnesses? While you may not be able to record or write things down immediately, these details can be invaluable for your defense.

Step 5: Understand the Potential Consequences

In West Virginia, a DUI involving an accident can lead to serious penalties, including:

  • Fines: Substantial fines depending on the severity of the incident.

  • Jail Time: Increased likelihood of incarceration if the accident resulted in injury or death.

  • License Suspension: Lengthy suspension or revocation of your driver’s license.

  • Civil Lawsuits: You may also face civil lawsuits for property damage or personal injuries caused by the accident.

The exact penalties depend on factors such as your blood alcohol content (BAC), whether anyone was injured, and your prior DUI history. An experienced attorney can help you understand the charges and potential consequences.

Step 6: Build a Strong Defense

With Attorney Frank Walker on your side, you’ll have a dedicated advocate to help you challenge the charges. Some common defense strategies include:

  • Challenging the validity of breathalyzer or field sobriety tests.

  • Identifying procedural errors made by law enforcement.

  • Examining whether probable cause existed for the traffic stop.

  • Investigating mitigating circumstances that could reduce your penalties.

Why Choose Frank Walker Law?

At Frank Walker Law, we understand how overwhelming a DUI arrest can be, especially when it involves an accident. With years of experience handling DUI cases in West Virginia, Attorney Frank Walker is committed to providing personalized, aggressive representation. Our goal is to protect your rights, minimize the impact of the charges, and help you move forward with your life.

Take Action Today

If you’ve been arrested for a DUI involving an accident, don’t wait to seek legal help. Contact Frank Walker Law for a consultation. We’ll review your case, answer your questions, and work tirelessly to achieve the best possible outcome for your situation. Your future is too important to leave to chance—let us fight for you.

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.