DUI Cases

West Virginia DUI Laws 101

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  • DUI with a BAC of 0.08%-0.15%- This is the “normal” DUI charge in West Virginia.  If convicted you face up to 6 months of jail time and a fine of $100-$500, and are also looking at a 6 month license suspension, which would be reduced to 90 days once the DUI classes are completed.  You can get the suspension reduced further to 15 days if you enroll in the ignition interlock program and participate for 120 days. Under a new law which went into effect for any arrest on or after June 11, 2010, you are now eligible for a conditional probation period.  In order to be eligible, you must be charged with a true first offense DUI, and not possess a commercial driver’s license (CDL).  You then enter a conditional guilty plea to the DUI charge in Court and withdraw your DMV challenge.  Your license is suspended for 15 days and then you must participate in the ignition interlock program for 165 days.  Once proof of completion is shown to the Court, your DUI is dismissed.  You can then petition the Court for expungement of the DUI arrest one year from the date it is dismissed.

  • DUI with a BAC of 0.15% or greater- This is known as an aggravated DUI.  If convicted you can be placed in jail for a minimum of 48 hours up to 6 months and fined $200-$1,000.  Your license will be suspended for a period of 45 days with mandatory participation in the ignition interlock program to follow for 9 months.

  • DUI under 21 (BAC of 0.02%-0.08%)- Since persons under 21 are not supposed to consume alcohol at all, if you are under 21 and caught driving with a BAC less than 0.08, you can still be charged with a DUI.  If convicted you are not looking at any jail time, but will be fined $25-$100.  Your license will be suspended for 60 days, or for 30 days with participation in the ignition interlock program for 5 months.

  • DUI resulting in injury- If you are involved in an accident and anyone involved in the accident suffers an injury, you can be charged with DUI resulting in bodily injury.  If convicted you are facing at a minimum 24 hours in jail and potentially up to 1 year in jail as well as fines of $200-$1,000.  Your license will also be suspended for a period of 2 years.  You can get the license suspension reduced to 60 days if you participate in the ignition interlock program for 1 year afterwards.

 

 

 

 

  • DUI resulting in death-If you are involved in an accident which results in the death of another individual and commit the act in reckless disregard for the safety of others, you could be charged with a felony crime.  As such, if convicted, you would be facing 2 years to 10 years in prison and fined $1,000-$3,000.  Your license would also be suspended for 10 years, or 1 year with 2 years of participation in the ignition interlock program to follow. 

In the alternative, you could be charged with a misdemeanor instead of a felony.  Under this charge, if convicted, you would be facing 90 days to 1 year in jail and fined $500-$1,000.  Your license would also be suspended for 5 years, or 6 months with 2 years participation in the ignition interlock program to follow.

  • DUI with a minor in the vehicle-  If you are charged with a DUI and have a minor, someone less than 16 years of age, in the vehicle at the time, you could be facing enhanced penalties.  If convicted you would be looking at 48 hours to 1 year in jail and fines of $200-$1,000.  Your license will also be suspended for 1 year, or 2 months with 10 months participation in the ignition interlock program.

  • Second offense DUI- If you have been convicted of a DUI within the last 10 years from the date of your current arrest, you can be charged with a Second Offense DUI.  If convicted, you will be facing 6 months to 1 year in jail and fines of $1,000-$3,000.  Your license will be suspended for 1 year with 2 years of mandatory participation in the ignition interlock program to follow.

  • Third or subsequent offense DUI- If you have been convicted of a DUI on more than one occasion within the last 10 years from the date of your current arrest, you can be charged with Third or Subsequent Offense DUI, a felony in West Virginia.  If convicted, you will be sentenced to 1 to 3 years in prison and fined $3,000 to $5,000.  Your license will also be suspended for 1 year with 3 years of mandatory participation in the ignition interlock program to follow.

  • Refusal of secondary chemical test- Refusing to take the secondary chemical test is not a criminal offense in West Virginia.  Therefore, you cannot be placed in jail or fined for making that decision.  However, you will incur an additional license suspension as a result.  Your license can be suspended for 1 year, or 45 days with 1 year participation in the ignition interlock program.  If you are arrested again, and choose to refuse the secondary chemical test on this occasion as well, your license will be suspended for 10 years, or 1 year with 2 years of mandatory ignition interlock participation to follow.