Penalties for First DUI in Wheeling, West Virginia

Most individuals arrested for DUI in this area have no previous criminal records. In such situations, having a Wheeling WV DUI lawyer with extensive experience in defending drunk drivers becomes an invaluable asset.

For first-time DUI charges in West Virginia, the costs can be substantial. Offenders often face fines ranging from $375 to $1,075, along with additional court costs. Furthermore, regaining their driver’s license requires paying a fee of $475.

Simultaneously, offenders may experience a decline in their income due to potential jail time, court appearances, and meetings with a Wheeling WV criminal attorney. This can be an intimidating predicament.

Apart from financial repercussions, there are other consequences to consider when dealing with an DUI case.

If the offender’s blood alcohol content, assuming they submitted to chemical testing, falls between .08 and .17, the judge can choose to sentence them to either three days in jail or a Driver Intervention Program that spans the same duration. The associated costs for this program, although burdensome, often prove valuable given its court-approved curriculum on drugs and alcohol education.

In cases where the offender’s blood alcohol content exceeds .17 percent, the judge has two options: imposing three days of Driver Intervention Program combined with three days in jail, or a straight six-day jail sentence. This also applies when the offender has previously refused a breath test and has a prior DUI conviction within the past 20 years.

Upon being arrested for first-time DUI, your license undergoes automatic administrative suspension by the Bureau of Motor Vehicles. Additionally, the judge may impose a longer suspension known as a Class Five license suspension, which can last between six months to three years. However, after a certain period, you may request “occupational driving privileges” that permit driving solely to and from work or school.

If your blood alcohol content (BAC) was over .17 percent, you may be required to install an ignition interlock device in your car. Additionally, yellow license plates, commonly referred to as party plates, might be required. The ignition interlock device is a device that needs to be blown into before starting the vehicle. If any alcohol is detected, the car won’t start. It also conducts random retests to prevent someone else from breathing into it, ensuring that you cannot drive under the influence.

First DUI ALS Suspensions

For first-time DUI offenders who refuse to submit to a blood, breath, or urine test, the Bureau of Motor Vehicles will administratively suspend their license for a full year. If the test is submitted, but the BAC is over .08 percent, the suspension is reduced to 90 days. Furthermore, the judge will impose an additional license suspension for a period of six months to three years.

First DUI Driving Privilege Limitations

After an DUI arrest, limited driving privileges can be requested. To do so, a petition must be filed with the appropriate court of jurisdiction, which can be a county court, municipal court, or mayor’s court. For drivers under the age of 18, the petition must be filed in juvenile court.

Getting Driving Privileges Reinstated after a First DUI

To regain your license after a First-DUI conviction, you must fulfill certain requirements outlined in the West Virginia Revised Code Section 4510.038. These requirements include paying a fee, serving the suspension period ordered by the judge, and submitting proof of insurance to the West Virginia Bureau of Motor Vehicles at the following address:

West Virginia Bureau of Motor Vehicles

Attn. Reinstatement (RE) Fee

P. O. Box 16520

Columbus, West Virginia 43216-6520

Summary of Penalties for a First-DUI in Wheeling, West Virginia

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