DUI Penalties

When it comes to DUI cases in West Virginia, the penalties can vary depending on various factors such as prior convictions, the presence of a child in the vehicle, and the driver’s blood alcohol concentration (BAC) level. Let’s take a closer look at what you need to know.

For first-time offenders with no prior DUI cases, a suspected driver may face up to 12 months of jail time if there is a child under 16 years of age in the vehicle. Additionally, they may face repercussions such as license suspension, mandatory installation of an ignition interlock device, and enrollment in education and treatment programs.

If it’s a single DUI case, the sentence can range from six months to one year in jail, accompanied by a fine of $1000 to $3000. The offender’s license may be suspended for one year, an ignition interlock device might be installed, and participation in an alcohol education program becomes obligatory.

For drivers charged with two or more DUIs, the consequences become more severe. They may face a prison term of one to three years, a fine ranging from $3000 to $5000, one year of license suspension, mandatory ignition interlock device installation, and enrollment in an education or treatment program.

• It’s important to note that West Virginia has additional penalty sections for DUI convictions based on BAC levels. Commercial drivers, for example, can face charges if their BAC level is at or above .04%. In such cases, their license may be suspended for one to three years, especially if the vehicle is used to transport hazardous chemicals.

• Even private drivers are not exempt from penalties. If pulled over and found to have a BAC level between .05% and .079%, they may face charges for reckless driving.

• West Virginia shows zero tolerance for drivers below 21 years of age with a BAC level of .02% or higher. They could be convicted or face charges for drunk driving.

• Lastly, drivers with a BAC level of .15% or higher are considered to have committed aggravated DUI. The charges for this offense are severe, with potential jail time ranging from two days to six months and a fine ranging from $100 to $1000. In such cases, the installation of an ignition interlock device may also be mandatory.

The penalties for DUI (driving under the influence) in West Virginia vary based on the severity of the offense. In cases where a DUI driver causes the death of an individual within a year, they may face punishment ranging from 90 days to a year in jail, along with a fine of $500 to $1000. Additionally, their license may be revoked.

For reckless driving, the penalties can be even more severe. Offenders who disregard the safety of others may face up to 10 years in jail and a fine ranging from $1000 to $3000. In cases involving physical injuries, the potential sentence includes jail time of one day to a year, along with a fine ranging from $250 to $1000.

If a suspected driver has no prior DUI cases and is found guilty with a child under 16 years of age in the vehicle, they may face a jail sentence of 12 months. Their license may be suspended, and they may be required to install an ignition interlock device and attend education and treatment classes.

For a first-time DUI offense, the sentence may range from six months to one year in jail, with a fine amount of $1000 to $3000. The offender’s license will be suspended for one year, and they will be required to install an ignition interlock device and join an alcohol education program. In cases of two or more DUI offenses, the penalties become more severe, including one to three years in jail, a fine amount of $3000 to $5000, a one-year license suspension, ignition interlock device installation, and participation in an education or treatment program.

West Virginia also imposes additional penalties for different blood alcohol content (BAC) levels. 

• Commercial drivers may face charges for drunk driving if their BAC levels are higher than .04% and may have their licenses suspended for one or three years if they carry hazardous chemicals in the vehicle. 
• For private motorists, charges of reckless driving can be filed for BAC levels between .05 and .079%. 
• Drivers under 21 years old showing a BAC level of .02% or higher are subject to a zero-tolerance policy, which may result in charges or convictions for drunk and reckless driving.
• Severe penalties apply to drivers with BAC levels exceeding .15% or higher. For first-time offenders, this may be considered aggravated DUI and could result in a six-month jail sentence, a fine ranging from $100 to $1000, or the installation of an ignition interlock device.

Individuals convicted of DUI resulting in the death of another person may face severe consequences, including imprisonment for a period ranging from 90 days to a year, as well as fines ranging from $500 to $1000. Additionally, they may have their driver’s license revoked. Those who exhibit reckless disregard for others while driving may face even harsher penalties, including imprisonment for up to 10 years, and fines ranging from $1000 to $3000. In cases involving physical injuries, individuals could be subject to imprisonment ranging from one day to one year, and fines ranging from $250 to $1000.

DUI Driving Defense

If you need professional legal representation to navigate through DUI charges, we encourage you to consult with our dedicated Wellsburg WV DUI lawyer and Wellsburg WV criminal attorney in West Virginia. Take the first step towards your defense by calling us at (304) 381-3656 to schedule an appointment today.