Many in Wheeling may wonder what separates a felony charge from a misdemeanor. Some might guess that it is the intent behind the alleged crime that results in more serious charges, while others still might say that the outcome of a supposed offense makes that determination. While those factors may come into consideration in some cases, more often than not it may be the means of commission which determine whether one faces felony or misdemeanor charges. The intent behind an alleged offense (or even lack thereof) may ultimately be viewed as being irrelevant given the crime's supposed conditions.
West Virginia, similar to many other states, has implied consent laws when it comes to driving under the influence. These laws state that by getting behind the wheel of a vehicle, you implicitly agree to submit to any DUI tests if placed under arrest. A refusal to submit to such tests can result in automatic suspension of driver's license.
Popular media has likely taught most in Wheeling that if one is arrested, he or she should immediately be informed of his or her rights. Most could probably even recite the exact repetition of the words :"You have the right to remain silent...," etc. Yet even though most are familiar with this procedure, few may actually understand its purpose, or why it is even required at all.
Any case in which you are charged with driving under the influence of drugs or alcohol in Wheeling should be taken seriously. Having said that, not every DUI offense is created equal. Many come to us here at the Scott C. Brown Law Office after having been arrested for DUI concerned that they could be facing jail time. While there are certainly serious consequences to can accompany any DUI conviction (some of which maay fall outside of the realm of criminal law), the penalties that you might face vary depending on what form of DUI you are charged with. This begs the question of when is a DUI a misdemeanor in West Virginia, and when is it a felony?
Drug testing has become much more commonplace both in Wheeling and throughout the rest of the country. Public and private employers alike may use during the candidate screening process. Amateur and professional sporting and activity associations may rely on it to determine participant eligibility. If you are on parole or probation, you could be required to submit to it as condition of your release. No matter the circumstances requiring you to be drug tested, you may share the same question that many others have: can you be arrested for failing such a test?