DUI Penalties

Understanding DUI Penalties in West Virginia

If you are facing DUI charges, understanding the potential penalties is crucial. This guide breaks down the penalties associated with DUI offenses in West Virginia, making the information more accessible and digestible.

First-Time Offenders

For individuals with no prior DUI cases:

Jail Time: Up to 12 months if a child under 16 is present in the vehicle.
License Suspension: Possible suspension.
Ignition Interlock Device: Installation may be required.
Education/Treatment Classes: Mandatory attendance.

Single DUI Case

For those with one DUI offense:

Jail Time: 6 months to 1 year.
Fines: $1,000 to $3,000.
License Suspension: 1-year suspension.
Ignition Interlock Device: Required installation.
Alcohol Education Program: Mandatory participation.

Multiple DUI Cases

For individuals with two or more DUIs:

Jail Time: 1 to 3 years.
Fines: $3,000 to $5,000.
License Suspension: 1-year suspension.
Ignition Interlock Device: Installation required.
Education/Treatment Program: Mandatory attendance.

Additional Penalties Based on BAC Levels

West Virginia has specific penalties for different blood alcohol concentration (BAC) levels.

Commercial Drivers

BAC Level: .04% or higher.
Penalties:
1 to 3 years of license suspension if carrying hazardous chemicals.

Private Drivers

Reckless Driving Charges:

BAC Level: .05 to .079%.

Penalties:

Potential police intervention and charges.

Drivers Under 21

Zero Tolerance Policy:
- BAC Level: .02% or higher.
- Penalties:
- Charges or conviction for drunk driving.

High BAC Levels

Aggravated DUI:
- BAC Level: .15% or higher.
- Penalties:
- Jail Time: 2 days to 6 months.
- Fines: $100 to $1,000.
- Ignition Interlock Device installation.

DUI Resulting in Death

Penalties:
- Jail Time: 90 days to 1 year.
- Fines: $500 to $1,000.
- License Revocation.

Disregarding Others While Driving

Penalties:
- Jail Time: Up to 10 years.
- Fines: $1,000 to $3,000.

DUI Causing Physical Injuries

Penalties:
- Jail Time: 1 day to 1 year.
- Fines: $250 to $1,000.

Drunken Driving Defense

To defend against DUI charges effectively, consult with our experienced Moundsville DUI lawyer and Moundsville criminal attorney in West Virginia. Call us at (304) 381-3656 to schedule an appointment today.

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