DUI Penalties in West Virginia

Driving under the influence (DUI) is a serious offense in the state of West Virginia, with strict penalties designed to deter reckless behavior and protect lives. Here’s what you should know about DUI laws and their consequences.

Penalties for First-Time DUI Offenders 

• No Prior DUI Cases:

 If a driver is suspected of DUI and there are no prior cases on record, they could face up to 12 months in jail if a minor under 16 is in the vehicle. Additional penalties include a license suspension, mandatory installation of an ignition interlock device, and enrollment in education and treatment programs.

• One DUI Offense:

 For individuals with a single DUI, penalties include 6 months to 1 year in jail, a fine ranging from $1,000 to $3,000, a one-year license suspension, mandatory ignition interlock device installation, and participation in alcohol education programs.

• Multiple DUI Offenses:

 Drivers with two or more DUI convictions could face 1 to 3 years in jail, fines between $3,000 and $5,000, a one-year license suspension, mandatory ignition interlock device installation, and enrollment in treatment programs.

Penalties Based on Blood Alcohol Concentration (BAC) Levels

West Virginia law imposes additional penalties depending on the driver’s blood alcohol concentration (BAC) levels.

• Commercial Drivers:

 If commercial drivers are found operating a vehicle with a BAC of 0.04% or above, they could face DUI charges. If the vehicle is used to transport hazardous materials, their license may be suspended for up to 3 years.

• Private Motorists:

 Private drivers can be pulled over and charged with reckless driving if their BAC falls between 0.05% and 0.079%.

• Zero Tolerance for Drivers Under 21:

 West Virginia adopts a zero-tolerance policy for drivers under 21 years old. Those with a BAC at or above 0.02% may face charges or convictions for drunk and reckless driving offenses.

• Aggravated DUI (BAC 0.15% or Higher):

 Drivers with a BAC of 0.15% or higher could face severe accusations, categorized as aggravated DUI for first-time offenses. Penalties may include 2 days to 6 months in jail, fines ranging from $100 to $1,000, and mandatory installation of an ignition interlock device.

Additional DUI Penalties in West Virginia

DUI Leading to Death or Injury

• Vehicular Homicide:

 DUI-related accidents resulting in a fatality within one year could lead to a penalty of 90 days to 1 year in jail and fines of $500 to $1,000, along with license revocation.

• Reckless Endangerment:

 Drivers found guilty of endangerment or disregard for the safety of others while impaired could face up to 10 years in jail and fines ranging from $1,000 to $3,000.

• Accidents Causing Injury:

 If a DUI-related accident causes physical injuries, drivers may face 1 day to 1 year in jail and fines ranging between $250 and $1,000.

Protect Your Rights with the Mountaineer Law Group

If you’re facing DUI accusations, understanding your rights is critical. Working with a skilled attorney can make the difference in securing the best possible outcome for your case.

Consult with a Martinsburg DUI Lawyer

Mountaineer Criminal Law Group Offers expertise in handling DUI cases. If you’re ready to fight back against DUI charges, our Martinsburg DUI lawyer is here to help. 

Call (304) 381-3656 today to schedule an appointment  with our trusted legal team. Mountaineer Criminal Law Group Will guide you every step of the way in navigating the complexities of DUI cases.