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FRENCH CREEK -- An Upshur County woman has been charged with DUI for a car accident in January that led to herself and another person being life-flighted to Charleston.
Destiny Marie Riley, 28, of Buckhannon, is charged with one count of DUI causing serious bodily injury, a felony. She is also charged with one count of driving on a suspended or revoked license, second offense; one count of failure to attach registration plates to rear of vehicle; one count of driving while license suspended or revoked, third offense; and one count of failure to maintain control, all misdemeanors.
Riley was being held at the Tygart Valley Regional Jail on a $30,000 property/surety bond that has since been posted.
According to the criminal complaint, filed by Cpl. Dakota Linger with the Upshur County Sheriff’s Office, on Jan. 29, at 4:55 p.m., Linger received a call regarding a one-vehicle vehicle accident in French Creek near Waterloo Road.
Upon arrival, Linger observed two individuals lying on the ground, according to the complaint. One of the individuals was identified as Riley. EMS and fire personnel were on the scene providing aid to both people. Linger began working the accident by gathering information and taking photographs and video of the involved vehicle. A witness reportedly told Linger that the vehicle had been traveling north on Route 20 and appeared to be “traveling too fast.”
Linger later learned that Riley was transported by medical helicopter to Charleston Area Medical Center (CAMC) General Hospital in Charleston and was unable to provide a statement to officers regarding the accident, the complaint states. Linger visited St. Joseph’s Hospital to interview the other individual that had been in the vehicle, however, he was also unable to speak to Linger due to his injuries and was later also transported to CAMC General Hospital by helicopter.
On Feb. 5, Linger visited a Buckhannon residence to speak with Riley regarding the accident, the complaint states. When Linger asked who had been driving, Riley allegedly stated that she did not remember, but after further conversation she reportedly admitted to have been the driver. Riley allegedly stated that she was originally from Florida and was not accustomed to driving in snowy conditions. She stated that they had been traveling to a store to obtain diesel fuel.
The next day, Linger obtained a search warrant and conducted a search of the vehicle involved in the accident, the complaint states. He collected measurements and obtained blood samples during this search.
On April 3, Linger obtained a warrant for Riley’s DNA via a saliva swab, the complaint states. When Linger explained to Riley and the other individual that the purpose of the DNA was to confirm who was driving on Jan. 29, Riley allegedly was “very adamant” that she had been driving. The DNA was dropped off to the West Virginia State Police Lab on April 8.
A month later on May 8, Linger received Riley’s medical records, the complaint states. Linger reportedly observed in the records that the alcohol level in Riley’s blood was 132, which is equivalent to 0.114 BAC. Linger also reportedly observed the Urine Toxicology report showed that Riley had tested positive for fentanyl, opiate and benzodiazepine. On June 22, Linger called the State Police Lab to check on the status of the blood and saliva results. The lab reportedly stated that the two samples did not match.
According to the complaint, Riley has two prior charges for driving with a suspended license, including one from March 2021 and another from October 2025.